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Public Health (Wales) Act 2017

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21Warrant to enter other premises
This section has no associated Explanatory Notes

(1)A justice of the peace may exercise the power in subsection (2) in relation to premises in Wales other than premises used wholly or mainly as a dwelling if satisfied on sworn information in writing—

(a)that there are reasonable grounds for believing that an offence under section 5, 6 or 17 has been committed at the premises,

(b)that it is necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed, and

(c)that a requirement set out in subsection (3) or (4) is met.

(2)The justice may issue a warrant authorising an authorised officer to enter the premises, if need be by force.

(3)The requirement is that—

(a)a request to enter the premises has been, or is likely to be, refused, and

(b)notice of intention to apply for a warrant under this section has been given to the occupier or a person who reasonably appears to the enforcement authority to be concerned in the management of the premises.

(4)The requirement is that requesting to enter the premises, or the giving of notice of intention to apply for a warrant under this section, is likely to defeat the purpose of the entry.

(5)The warrant continues in force until the end of the period of 28 days beginning with the date on which it was issued.

(6)This section applies to a vehicle as if it were premises.

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