Regulation 39 Powers of entry
An inspector may enter any premises other than a private dwelling for the purpose of carrying out an inspection (as to which see regulation 40).
An inspection must be carried out at a reasonable hour, as agreed between the inspector and the owner, occupier or person otherwise in control of the premises.
Where no such agreement can be reached, the inspection may be carried out at what is considered to be a reasonable hour in the opinion of the inspector, provided that the inspector has notified the owner, occupier or person otherwise in control of the premises at least 48 hours before the time at which the inspection is to take place.
Where the conditions in paragraph (5) are met, an inspector may enter a premises at any reasonable hour without agreement with, or providing notice to, the owner, occupier, or person otherwise in control of the premises.
The conditions are—
the inspector has a reasonable suspicion that—
there is a failure to comply with a Part 3 obligation in connection with the premises;
an offence has been committed in connection with a Part 3 obligation;
one of the conditions in paragraph (9) is met.
An inspector may enter a private dwelling for the purpose of carrying out an inspection—
with the consent of the owner, occupier or person otherwise in control of the premises, or
without the consent of the owner, occupier or person otherwise in control of the premises under a warrant issued under paragraph (7).
A justice of the peace may issue a signed warrant authorising an inspector to enter any private dwelling—
at what is considered, in the opinion of the justice of the peace, to be a reasonable hour,
where the justice of the peace is satisfied that there is a reasonable basis for the suspicion of the kind described in paragraph (5)(a), and
where one or more of the conditions in paragraph (9) is met.
Where paragraph (7)(c) is met by the condition in paragraph (9)(a) being met, the justice of the peace must be satisfied that—
notice of an intention to apply for a warrant has been served on the owner, occupier or other person in control of the premises, or
no such notice has been served because serving notice would interfere with the purpose of entry or effectiveness of inspection.
The conditions are—
entry to the premises has been refused by the owner, occupier or other person in control of the premises or the Secretary of State has reasonable grounds to suspect that entry is likely to be refused;
entry is required urgently;
the premises are unoccupied or the occupier is temporarily absent.
An inspector must produce, if required, a duly authenticated document confirming the inspector’s authority.
The owner, occupier or person otherwise in control of the premises may refuse an inspector entry if the inspector fails to produce, when required, a duly authenticated document confirming the inspector’s authority.