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Children Act 1989

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Children Act 1989, Cross Heading: Search warrants is up to date with all changes known to be in force on or before 24 April 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Search warrantsE+W

102 Power of constable to assist in exercise of certain powers to search for children or inspect premises.E+W

(1)Where, on an application made by any person for a warrant under this section, it appears to the court—

(a)that a person attempting to exercise powers under any enactment mentioned in subsection (6) has been prevented from doing so by being refused entry to the premises concerned or refused access to the child concerned; or

(b)that any such person is likely to be so prevented from exercising any such powers,

it may issue a warrant authorising any constable to assist that person in the exercise of those powers, using reasonable force if necessary.

(2)Every warrant issued under this section shall be addressed to, and executed by, a constable who shall be accompanied by the person applying for the warrant if—

(a)that person so desires; and

(b)the court by whom the warrant is issued does not direct otherwise.

(3)A court granting an application for a warrant under this section may direct that the constable concerned may, in executing the warrant, be accompanied by a registered medical practitioner, registered nurse or [F1registered midwife] if he so chooses.

[F2(3A)The reference in subsection (3) to a registered midwife is to such a midwife who is also registered in the Specialist Community Public Health Nurses' Part of the register maintained under article 5 of the Nursing and Midwifery Order 2001.]

(4)An application for a warrant under this section shall be made in the manner and form prescribed by rules of court.

(5)Where—

(a)an application for a warrant under this section relates to a particular child; and

(b)it is reasonably practicable to do so,

the application and any warrant granted on the application shall name the child; and where it does not name him it shall describe him as clearly as possible.

(6)The enactments are—

(a)sections 62, 64, 67, [F376,][F479U,] 80, 86 and 87;

(b)paragraph 8(1)(b) and (2)(b) of Schedule 3;

(c)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in s. 102(3) substituted (12.2.2002) by S.I. 2002/253, arts. 1, 54, Sch. 5 para. 10(c) (with art. 3(18)) (the substitution coming into force in accordance with art. 1(2)(3) of the said S.I. 2002/253)

F3Words in s. 102(6)(a) repealed (S.) (1.4.2002) by 2001 asp 8, ss. 80(1), Sch. 4; S.S.I. 2002/162, art. 2(g)(i) (subject to arts. 3-13)

F4Words in s. 102(6)(a) inserted (1.4.2002 for W. and otherwiseprosp.) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 14(22); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10)) (subject to transitional provisions in Schs. 1-3)

Commencement Information

I1S. 102 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)

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