Paragraph 2 Search warrantsI1

Northern Ireland

F1(1)

A lay magistrate 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 sub-paragraph 2(1A) are satisfied.

F2(1A)

The conditions referred to in paragraph 2(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; and

(c)

what is being sought.

F3(3)

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 on sworn complaint in writing and, where the condition satisfied is set out in paragraph 2(1A)(b), (c) or (d), must be made without notice on sworn complaint in writing.

(4)

A warrant shall authorise entry on one occasion only.

(5)

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;

(d)

F4the address of the premises to be entered and searched; and

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

(6)

Two copies shall be made of the warrant.

(7)

The copies shall be clearly certified as copies.

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(3) 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: Words in Sch. 1 para. 2(5)(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

Commencement

I1: Sch. 1 para. 2 in operation at 4.10.2011, see reg. 1(1)