SCHEDULES

SCHEDULE 20E+W Supplemental Provisions with respect to Powers of Entry

Modifications etc. (not altering text)

C2Sch. 20 applied (with modifications) (2.7.2009) by Broads Authority Act 2009 (c. i), s. 17(3) (with ss. 2(3), 16(3), 42, Sch. 6)

C4Sch. 20 applied (with modifications) (W.) (1.12.2011) by The Incidental Flooding and Coastal Erosion (Wales) Order 2011 (S.I. 2011/2829), arts. 1, 5(3)

C5Sch. 20 applied (with modifications) (W.) (1.12.2011) by The Incidental Flooding and Coastal Erosion (Wales) Order 2011 (S.I. 2011/2829), arts. 1, 6(3)

Warrant to exercise powerE+W

2(1)If it is shown to the satisfaction of a justice of the peace on sworn information in writing—E+W

(a)that there are reasonable grounds for the exercise in relation to any premises or vessel of a power conferred by sections 169 to 172 of this Act; and

(b)that one or more of the conditions specified in sub-paragraph (2) below is fulfilled in relation to those premises or that vessel,

the justice may by warrant authorise the relevant authority to designate a person who shall be authorised to exercise the power in relation to those premises, or that vessel, in accordance with the warrant and, if need be, by force.

(2)The conditions mentioned in sub-paragraph (1)(b) above are—

(a)that the exercise of the power in relation to the premises or vessel has been refused;

(b)that such a refusal is reasonably apprehended;

(c)that the premises are unoccupied or the vessel is unoccupied;

(d)that the occupier is temporarily absent from the premises or vessel;

(e)that the case is one of urgency; or

(f)that an application for admission to the premises or vessel would defeat the object of the proposed entry.

(3)A justice of the peace shall not issue a warrant under this Schedule by virtue only of being satisfied that the exercise of a power in relation to any premises or vessel has been refused, or that a refusal is reasonably apprehended, unless he is also satisfied—

(a)that notice of the intention to apply for the warrant has been given to the occupier of the premises or vessel; or

(b)that the giving of such a notice would defeat the object of the proposed entry.

(4)For the purposes of the application of this Schedule to the powers conferred by section 171 of this Act in a case to which subsection (4) of that section applies, a justice of the peace shall not issue a warrant under this Schedule unless he is satisfied that the Secretary of State has given his authorisation for the purposes of that subsection in relation to that case.

(5)Every warrant under this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.