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Public Health (Control of Disease) Act 1984

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This is the original version (as it was originally enacted).

61Power to enter premises

(1)Subject to the provisions of this section, any authorised officer of a local authority shall, on producing, if so required, some duly authenticated document showing his authority, have a right to enter any premises at all reasonable hours—

(a)for the purpose of ascertaining whether there is, or has been, on or in connection with the premises, any contravention of a relevant provision of this Act, or of byelaws made under this Act, which it is the duty of the local authority to enforce,

(b)for the purpose of ascertaining whether or not circumstances exist which would authorise or require the local authority to take any action, or execute any work, under such a provision or such byelaws,

(c)for the purpose of taking any action, or executing any work, authorised or required by such a provision or such byelaws, or by any order made under such a provision, to be taken, or executed, by the local authority, or

(d)generally, for the purpose of the performance by the local authority of their functions under such a provision or such byelaws.

(2)Admission to any premises, other than a factory or workplace, shall not be demanded as of right unless twenty-four hours' notice of the intended entry has been given to the occupier.

(3)If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

(a)that admission to any premises has been refused, or that refusal is apprehended, or that the premises are unoccupied or the occupier is temporarily absent, or that the case is one of urgency, or that an application for admission would defeat the object of the entry, and

(b)that there is reasonable ground for entry into the premises for any such purpose as is mentioned in subsection (1) above, the justice may by warrant under his hand authorise the local authority by any authorised officer to enter the premises, if need be by force.

(4)Such a warrant shall not be issued unless the justice is satisfied either that notice of the intention to apply for a warrant has been given to the occupier, or that the premises are unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency, or that the giving of such notice would defeat the object of the entry.

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