[F122(1)To enter premises under paragraph 21 a person must be authorised by a warrant issued by a justice of the peace where—E+W
(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.]
Textual Amendments
F1Sch. 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