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Paragraph 2 I1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A judge shall not issue a warrant under this Schedule unless he is satisfied—

(a)

that the F1Commission has given seven days’ notice in writing to the occupier of the premises in question demanding access to the premises, and

(b)

that either—

(i)

access was demanded at a reasonable hour and was unreasonably refused, or

(ii)

although entry to the premises was granted, the occupier unreasonably refused to comply with a request by the F2Commission or any of the F3Commission’s officers or staff to permit F4an officer or member of staff of the Commission to do any of the things referred to in paragraph 1(2), and

(c)

that the occupier, has, after the refusal, been notified by the F5Commission of the application for the warrant and has had an opportunity of being heard by the judge on the question whether or not it should be issued.

(2)

Sub-paragraph (1) shall not apply if the judge is satisfied that the case is one of urgency or that compliance with those provisions would defeat the object of the entry.

Annotations

Textual amendments

F1

Word in Sch. 3 para. 2(1)(a) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 12(28)(b)(i); S.I. 2026/1015, reg. 2(c)

F2

Word in Sch. 3 para. 2(1)(b) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 12(28)(b)(ii)(aa); S.I. 2026/1015, reg. 2(c)

F3

Word in Sch. 3 para. 2(1)(b) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 12(28)(b)(ii)(bb); S.I. 2026/1015, reg. 2(c)

F4

Words in Sch. 3 para. 2(1)(b) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 12(28)(b)(ii)(cc); S.I. 2026/1015, reg. 2(c)

F5

Word in Sch. 3 para. 2(1)(c) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 12(28)(b)(iii); S.I. 2026/1015, reg. 2(c)

Commencement

I1

Sch. 3 para. 2 wholly in force at 1.1.2005; Sch. 3 para. 2 not in force at Royal Assent, see s. 87(3); Sch. 3 para. 2 in force for certain purposes at 30.11.2002 by S.I. 2002/2812, art. 2(d)(e); Sch. 3 para. 2 in force for certain further purposes at 1.1.2005 by S.I. 2004/1909, art. 2 and otherwise in force at 1.1.2005 by S.I. 2004/3122, art. 2

Notes on Schedule 3

Modifications

C1

Sch. 3 applied (with modifications) (31.12.2009) by The INSPIRE Regulations 2009 (S.I. 2009/3157), regs. 1, 11(9) (as amended (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 12(2), Sch. 3 para. 12(2); S.I. 2026/1015, reg. 2(c))