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Paragraph 10 I1

United Kingdom

(1)

A warrant which—

(a)

has been executed, or

(b)

has not been executed within the time authorised for its execution,

must be returned to the appropriate person.

(2)

In sub-paragraph (1) the appropriate person is—

(a)

in the case of a warrant issued by a justice of the peace in England and Wales, the designated officer for the local justice area in which the justice was acting when the warrant was issued;

(b)

in the case of a warrant issued by a lay magistrate in Northern Ireland, the clerk of petty sessions F1...;

(c)

in the case of a warrant issued by a sheriff, the sheriff clerk;

(d)

in the case of a warrant issued by a justice of the peace or stipendiary magistrate in Scotland, the clerk of the justice of the peace court.

(3)

A warrant that is returned under this paragraph must be retained by the person to whom it is returned for a period of 12 months.

(4)

If during that period the occupier of the dwelling to which the warrant relates asks to inspect it, the occupier must be allowed to do so.

Annotations

Textual amendments

F1

Words in Sch. 17 para. 10(2)(b) repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 137, Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(l) (with art. 3)

Commencement

I1

Sch. 17 para. 10 in force at 12.1.2010 by S.I. 2009/3345, art. 2, Sch. para. 21

Notes on Schedule 17

Modifications

C1

Sch. 17 applied (31.12.2010) by The Marine (Scotland) Act 2010 (Consequential Provisions) Order 2010 (S.I. 2010/2870), arts. 1, 10