Regulation 9 WarrantE1

England, Wales and Scotland

(1)

If a justice of the peace, on sworn information in writing, or in Scotland by evidence on oath, F1... is satisfied—

(a)

that there are reasonable grounds to enter any premises for the purposes of executing or enforcing the F2F3assimilated Regulations F4, the 1416/2006 prohibition or these Regulations; and

(b)

that any of the conditions in paragraph (2) are met,

the justice may by signed warrant authorise F5an authorised officer to enter the premises, if need be by reasonable force.

(2)

The conditions are that—

(a)

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

(b)

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

(c)

entry is required urgently; or

(d)

the premises are unoccupied or the occupier is temporarily absent.

(3)

A warrant is valid for three months.

(4)

An authorised officer entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.

F6(5)

In this regulation, in Scotland, a reference to a justice of the peace includes a sheriff.

Annotations

Textual amendments

F1: Words in reg. 9(1) omitted (E.W.S.) (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 11(8)(a)
F2: Words in Regulations substituted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 11(2)
F3: Word in reg. 9(1)(a) substituted (E.W.S.) (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 25(f)
F4: Words in reg. 9(1)(a) inserted (30.12.2020) by The Spirit Drinks, Wine and European Union Withdrawal (Consequential Modifications) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1636), regs. 1(2), 3(7)
F5: Words in reg. 9(1) substituted (24.12.2012) by The Agriculture, Animals, Environment and Food etc. (Miscellaneous Amendments) Order 2012 (S.I. 2012/2897), arts. 1(1), 46(b)
F6: Reg. 9(5) substituted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 11(8)(b)

Extent

E1: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only