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The Smoking (Northern Ireland) Order 2006

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5.—(1) A lay magistrate may exercise the power in sub-paragraph (3) if he is satisfied on a complaint in writing substantiated on oath—N.I.

(a)that for the purpose of the proper exercise of the functions of a district council under this Order there are reasonable grounds for entry into any premises (other than premises used only as a private dwelling house not open to the public), and

(b)of either or both of the matters mentioned in sub-paragraph (2).

(2) The matters are—

(a)that admission to the premises has been, or is likely to be, refused, and that notice of intention to apply for a warrant under this Schedule has been given to the occupier or a person who reasonably appears to the district council to be concerned in the management of the premises,

(b)that an application for admission, or the giving of such notice, would defeat the object of the entry, or that the premises are unoccupied, or that the occupier is temporarily absent and it might defeat the object of the entry to await his return.

(3) The lay magistrate may by warrant signed by him authorise any authorised officer to enter the premises, if need be by force.

(4) Such a warrant continues in force until the end of the period of one month beginning with the date on which the lay magistrate signs it.

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