Regulation 9 Powers of entry

(1)

An inspector may at any reasonable time enter and inspect any premises (other than premises used wholly or mainly as a private dwelling) if there are reasonable grounds for suspecting that—

(a)

an offence under section 1 of the Act or under these Regulations is being, has been, or is about to be committed on the premises; or

(b)

there is evidence on the premises of the commission of an offence under section 1 of the Act or these Regulations.

(2)

An inspector may only—

(a)

use reasonable force to enter premises; or

(b)

enter premises used wholly or mainly as a private dwelling,

if a justice of the peace (in England and Wales) or sheriff (in Scotland) has issued a warrant authorising an inspector to enter, search and inspect the premises.

(3)

A justice of the peace or sheriff (as the case may be) may only issue such a warrant if satisfied, upon an application by an inspector, on sworn information in writing—

(a)

that there are reasonable grounds for suspecting that—

(i)

an offence under section 1 of the Act or under these Regulations is being, has been, or is about to be committed on the premises; or

(ii)

there is evidence on the premises of the commission of an offence under section 1 of the Act or these Regulations; and

(b)

any of the conditions in paragraph (4) are met.

(4)

The conditions are—

(a)

entry to the premises has been, or is likely to be, refused unless a warrant is produced, and notice of the intention to apply for a warrant has been given to the occupier;

(b)

asking for admission to the premises, or giving such a notice, would defeat the object of the entry;

(c)

entry is required urgently; or

(d)

the premises are unoccupied or the occupier is temporarily absent.

(5)

A warrant under this regulation is valid for 3 months.

(6)

An inspector must, if requested to do so, produce a duly authenticated document showing the inspector’s authority before entering any premises under this regulation.

(7)

An inspector exercising a power of entry under paragraph (1) or (2) may—

(a)

be accompanied by such persons as the inspector considers necessary;

(b)

bring onto the premises such equipment, vehicle or materials as the inspector considers necessary.

(8)

A person accompanying an inspector under paragraph (7)(a) may—

(a)

remain on the premises and from time to time re-enter the premises without an inspector;

(b)

bring onto the premises any equipment, vehicle or materials that person considers necessary; and

(c)

carry out work on the premises in a manner directed by the inspector.