Article 5 Powers of inspectors
Where an inspector has reasonable grounds for suspecting that there is present on any premises any susceptible material of Quercus L. or Castanea sativa that is being moved or has been moved in contravention of 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.
An inspector acting under paragraph (1) must, if requested to do so, show evidence of the inspector’s authority to act.
Paragraph (1) does not apply in relation to any premises which are used wholly or mainly as a private dwelling, unless 24 hours’ notice has been given to the occupier or the inspector has been granted a warrant by a justice of peace.
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 sworn information in writing, is satisfied that—
there are reasonable grounds to enter those premises, and
any of the conditions in paragraph (5) are met.
The conditions are that—
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;
asking for admission to the premises, or giving notice of the intention to apply for a warrant, would defeat the object of the entry;
entry is required urgently;
the premises are unoccupied or the occupier is temporarily absent.
A warrant is valid for one month.
An inspector who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.