Paragraph 2 Search warrants

United Kingdom

F1(1)

A justice of the peace in England and Wales, or a sheriff, stipendiary magistrate or justice of the peace in Scotland, may issue a warrant permitting an authorised person to enter any premises if necessary by reasonable force, for the purposes of the enforcement of these Regulations if satisfied that the authorised person has reasonable grounds for requiring entry and any of the conditions set out in paragraph 2(1A) are satisfied.

F2(1A)

The conditions referred to in sub-paragraph (1) are that—

(a)

admission has been refused, or a refusal is expected, and (in either case) that notice to apply for a warrant has been given to the occupier;

(b)

asking for admission, or the giving of such a notice, would defeat the object of the entry;

(c)

the case is one of urgency; or

(d)

the premises are unoccupied or the occupier is temporarily absent.

(2)

Where an authorised person applies for a warrant under paragraph 2(1), he or she must state—

(a)

the grounds upon which the application is made;

(b)

that the warrant would be issued under this Schedule to these Regulations; and

(c)

what is being sought.

(3)

An application for a warrant under paragraph 2(1) must be supported by an information in writing, in England and Wales, or by evidence on oath in Scotland.

F3(4)

An application for a warrant under paragraph 2(1), where the condition satisfied is set out at paragraph 2(1A)(a), must be made on notice and, where the condition satisfied is set out in paragraph 2(1A)(b), (c) or (d), must be made without notice.

(5)

The authorised person shall answer on oath any question that the justice of the peace, sheriff or stipendiary magistrate hearing the application asks him or her.

(6)

A warrant shall authorise entry on one occasion only.

(7)

A warrant shall specify—

(a)

the name of the person who applies for it;

(b)

the date on which it is issued;

(c)

that it is issued under this Schedule to these Regulations;

F4(d)

the address of the premises to be entered and searched; and

identify, so far as is practicable, what is to be sought.

(8)

The court shall provide two copies of the warrant certified as such.

Annotations

Textual amendments

F1: Sch. 1 para. 2(1) substituted (18.7.2012) by The Plant Protection Products (Sustainable Use) Regulations 2012 (S.I. 2012/1657), regs. 1(1), 32(2), Sch. 5
F2: Sch. 1 para. 2(1A) inserted (18.7.2012) by The Plant Protection Products (Sustainable Use) Regulations 2012 (S.I. 2012/1657), regs. 1(1), 32(2), Sch. 5
F3: Sch. 1 para. 2(4) substituted (18.7.2012) by The Plant Protection Products (Sustainable Use) Regulations 2012 (S.I. 2012/1657), regs. 1(1), 32(2), Sch. 5
F4: Sch. 1 para. 2(7)(d) substituted (18.7.2012) by The Plant Protection Products (Sustainable Use) Regulations 2012 (S.I. 2012/1657), regs. 1(1), 32(2), Sch. 5