Paragraph 3
A justice of the peace shall not grant a warrant under paragraph 2 unless he is satisfied—
that admission to the premises for the purpose of exercising the power in question was sought—
in the case of premises to which section 31(1) applies, after not less than twenty-four hours’ notice of the intended entry had been given to the occupier, or
in the case of any other premises, after not less than seven days’ notice of the intended entry had been so given, or
that admission to the premises for that purpose was sought in a case of emergency and was refused by or on behalf of the occupier, or
that the premises are unoccupied, or
that an application for admission would defeat the object of the entry.
Notes on the whole Act
Textual amendments
- F1
Act repealed (except for ss. 49(1) for specified purposes and s. 51, Sch. 4 paras. 2, 5-9, 11) (E.W.) (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 17 (with reg. 18(2)-(4), Sch. 3)
- F2
Act in so far as still in force for E.W. repealed (except for ss. 49(1) for specified purposes and s. 51, Sch. 4 para. 5) (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 72 (with regs. 1(3), 77-79, Sch. 4)
Notes on Schedule 2
Textual amendments
- F1
Sch. 2 repealed (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1)(3), Sch. 22 para. 229, Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3