Reservoirs Act (Northern Ireland) 2015

Warrants authorising entry

94.—(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.