PART 6CIVIL ENFORCEMENT, EMERGENCY POWERS AND FURTHER OFFENCES

Powers of entry

94Warrants authorising entry

1

A lay magistrate may by warrant authorise any person entitled to exercise a right of entry under section 93 to do so, if necessary using reasonable force, in accordance with the warrant.

2

A warrant may be granted under this section only if the lay magistrate is satisfied on a complaint on oath as to both of the following—

a

that there are reasonable grounds for the exercise of the right in relation to the land concerned,

b

that any of the following applies—

i

the conditions in subsection (3) are satisfied,

ii

the land is unoccupied,

iii

the case is one of urgency.

3

The conditions referred to in subsection (2)(b)(i) are—

a

that the person applying for the warrant has given notice under section 95(2)(a) of the person's intention to exercise the right,

b

that the notice period has expired,

c

that either—

i

permission to exercise the right in relation to the land has been refused, or

ii

such a refusal is reasonably expected.

4

For the purposes of subsection subsection (3)(c)(i), permission to exercise the right is to be regarded as having been refused if no reply is received within a reasonable period to a request to exercise the right.

5

A warrant granted under this section—

a

does not entitle a person to use force against an individual,

b

continues in force until the purpose for which the warrant was issued has been fulfilled or, if earlier, the expiry of such period as the warrant may specify.