{
  "url": "https://openlegislation.uk/plant-health-ips-typographus-england-order-2019/article-5",
  "json_url": "https://openlegislation.uk/plant-health-ips-typographus-england-order-2019/article-5.json",
  "legislation": "uksi/2019/40",
  "legislation_title": "The Plant Health (Ips typographus) (England) Order 2019",
  "legislation_url": "https://openlegislation.uk/plant-health-ips-typographus-england-order-2019",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "Powers of inspectors",
  "text": "(1) Subject to paragraph (3), where an inspector has reasonable grounds for suspecting that there is present on any premises any susceptible material that is being moved or has been moved in contravention of a prohibition in article 4(2), the inspector may enter and inspect those premises and, if the inspector considers it necessary, seize any such material found on the premises.\n(2) An inspector acting under paragraph (1) must, if requested to do so, show evidence of the inspector’s authority to act.\n(3) Paragraph (1) does not apply in relation to any premises which are used wholly or mainly as a private dwelling unless—\n(a) notice is given to the occupier at least 24 hours before the proposed entry and inspection of those premises; or\n(b) the inspector has been granted a warrant by a justice of peace.\n(4) A justice of peace may, by signed warrant, permit an inspector to enter premises under paragraph (1), if necessary by reasonable force, if the justice, on the basis of sworn information in writing, is satisfied that—\n(a) there are reasonable grounds for the inspector to enter those premises; and\n(b) any of the conditions specified in paragraph (5) are met.\n(5) The conditions are that—\n(a) entry to the premises has been, or is likely to be, refused and notice of the intention to apply for a warrant has been given to the occupier;\n(b) asking for admission to the premises, or giving notice of the intention to apply for a warrant, would defeat the object of the entry;\n(c) entry is required urgently;\n(d) the premises are unoccupied or the occupier is temporarily absent or, despite all reasonable efforts by the inspector, it has not been possible to identify the occupier.\n(6) A warrant is valid for one month from the date on which it is granted.\n(7) An inspector who enters any premises which are unoccupied must leave those premises as effectively secured against unauthorised entry as they were before entry by the inspector.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2019/40/article/5",
    "retrieved_at": "2026-10-28T22:49:17.503776+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}