SCHEDULES
F1SCHEDULE 9ASpecies control agreements and orders (England and Wales)
PART 4Powers of entry
Authorisation by justice of the peace
22
1
To enter premises under paragraph 21 a person must be authorised by a warrant issued by a justice of the peace where—
a
the premises consist of a dwelling or a garden, yard, outbuildings or other land used or enjoyed wholly with a dwelling,
b
admission to the premises has been refused by an owner or refusal is reasonably apprehended,
c
the premises are unoccupied,
d
the owner is temporarily absent,
e
giving notice would defeat the purpose of entry,
f
entry is to carry out species control operations for an environmental authority under an order under paragraph 10(2)(c) (emergency),
g
entry is to carry out species control operations for an environmental authority under an order under paragraph 10(2)(d) (no identifiable owner),
h
entry is to place a notice as specified in paragraph 10(2)(d)(i) or 14(2), or
i
entry is to carry out operations or work pursuant to paragraph 18(4) which the environmental authority considers to be urgently necessary.
2
A justice of the peace may not grant a warrant—
a
in the circumstances in sub-paragraph (1)(a) to (d) unless satisfied that reasonable notice of the proposed entry has been given to all owners of the premises of whom the environmental authority is aware, or
b
in the circumstances in paragraph (1)(g) unless satisfied that the requirement in paragraph 14(2) (notice) has been met.
3
For the purposes of sub-paragraph (2)(a) less than 48 hours' notice is not reasonable.
4
A warrant may authorise a person to use reasonable force if necessary, but a person so authorised—
a
must be accompanied by a constable when doing so, and
b
may not use force against an individual.
Sch. 9A inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 23(3), 57(4); S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2