OpenLegislation

Paragraph 2

Original text. Later amendments are not shown.

(1)

If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

(a)

that there are reasonable grounds for the exercise in relation to any premises of a relevant power; and

(b)

one or more of the conditions specified in sub-paragraph (2) is fulfilled in relation to those premises,

the justice of the peace may by warrant authorise an inspector to exercise the power in relation to those premises, in accordance with the warrant and, if need be, by force.

(2)

The conditions mentioned in sub-paragraph (1)(b) are—

(a)

that the exercise of the power in relation to the premises has been refused;

(b)

that such a refusal is reasonably apprehended;

(c)

that the premises are unoccupied;

(d)

that the occupier is temporarily absent from the premises and the case is one of urgency; or

(e)

that an application for admission to the premises would defeat the purpose of the proposed exercise of the power.

(3)

In a case where regulation 30(5) applies, a justice of the peace shall not issue a warrant under this Schedule by virtue only of being satisfied that the exercise of a power in relation to any premises has been refused, or that a refusal is reasonably apprehended, unless the justice of the peace is also satisfied that the notice required by regulation 30(5) has been given and that the period of that notice has expired.

(4)

Every warrant under this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.