Article 39 Powers of entry
Subject to paragraph (2), an authorised officer or a constable may enter at all reasonable times any premises specified as an operating centre in an operator’s licence and inspect those premises and any other item found there, for the purpose of ascertaining—
whether the conditions of the operator’s licence are being complied with; or
whether any other provisions of or made under this Order are being complied with.
An authorised officer or a constable may not under paragraph (1) enter premises which are occupied as a private dwelling unless under the authority of a warrant issued under paragraph (5).
Subject to paragraph (4), an authorised officer or a constable may enter at all reasonable times any premises and inspect those premises and any other item found there if he has reasonable grounds for suspecting that a person is operating a taxi service at or from those premises without an operator’s licence.
An authorised officer or a constable may not enter premises under paragraph (3) unless under the authority of a warrant issued under paragraph (5).
Where a lay magistrate is satisfied by complaint on oath—
that admission to the premises is reasonably required for the purposes specified in the complaint; and
that an authorised officer or a constable would, apart from paragraph (2) or (4) be entitled for that purpose to exercise in respect of the premises a power of entry under paragraph (1) or (3) as the case may be,
he may issue a warrant under his hand authorising that person to enter the premises.
A warrant issued under paragraph (5) shall continue in force until the purpose for which entry is required has been satisfied.
An authorised officer or a constable exercising a power of entry by virtue of this Article shall, if so required, produce evidence of his authorisation and any warrant under paragraph (5)—
before entering the premises; or
at any time before leaving the premises.
Where an authorised officer or a constable exercises a power of entry by virtue of this Article, he may seize and remove any equipment or other items found on the premises which he has reasonable cause to believe may be required as evidence for the purpose of proceedings in respect of an offence under Article 3 or 5.
The powers conferred on an authorised officer or a constable by paragraph (8) are exercisable only at a time when regulations under Article 43 are in operation.
Where an authorised officer or a constable exercises a power of entry by virtue of this Article, he shall ensure that the premises are left no less secure by reason of the entry, and the Department shall make good or pay compensation for any damage to property caused by the officer or constable in entering the premises, in carrying out any inspection or in making the premises secure.
Any question of disputed compensation shall be referred to and determined by the Lands Tribunal.
For the purposes of a power of entry under paragraph (3), “premises” also includes vehicles.