OpenLegislation

Section 77 Entry to dwellinghousesI1

(1)

Where an authorised officer proposes, in exercise of any power conferred by—

(a)

section 74(2);

(b)

section 75(2); or

(c)

section 76(6),

to enter a dwellinghouse, the conditions set out in subsections (2) and (3) must be satisfied.

(2)

The first condition is that the officer has given 48 hours' notice of the proposed entry to a person who appears to be the occupier of the dwellinghouse.

(3)

The second condition is that—

(a)

the person who appears to be the occupier of the dwellinghouse has consented; or

(b)

entry is effected under the authority of a warrant issued under section 78(2).

(4)

In this Part, “dwellinghouse” has the meaning given by section 26.

Annotations

Commencement

I1

S. 77 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1