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Noise and Statutory Nuisance Act 1993
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- 1993 c. 40
- SCHEDULE 3
- Entry to premises
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- Act applied (with modifications) by S.I. 2011/939 art. 9 Sch. 2
- Act modified by S.I. 2010/1214 art. 4 Sch.
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2005/1521 art. 2-4 commences (2005 c. 15)
- S.I. 2006/795 art. 2 Sch. 1 2 commences (2005 c. 16)
- S.I. 2007/3371 art. 2 commences (2005 c. 16)
Prospective
Entry to premisesE+W+S
6(1)Where—E+W+S
(a)an intruder alarm installed on or in any premises is operating audibly more than one hour after it was activated, and
(b)the audible operation of the alarm is such as to give persons living or working in the vicinity of the premises reasonable cause for annoyance,
an officer of the local authority who has been authorised (whether generally or specially) for that purpose may, on production (if so required) of his authority, enter the premises to turn off the alarm.
(2)An officer may not enter premises by force under this paragraph.
7(1)If, on an application made by an officer of the local authority who has been authorised (whether generally or specially) for that purpose, a justice of the peace is satisfied—E+W+S
(a)that an intruder alarm installed on or in any premises is operating audibly more than one hour after it was activated,
(b)that the audible operation of the alarm is such as to give persons living or working in the vicinity of the premises reasonable cause for annoyance,
(c)where notification of any current key-holders has been given in accordance with paragraph 5(1)(b), that the officer has taken steps to obtain access to the premises with their assistance, and
(d)that the officer has been unable to obtain access to the premises without the use of force,
the justice may issue a warrant authorising the officer to enter the premises, if need be by force.
(2)Before applying for such a warrant, an officer shall leave a notice at the premises stating—
(a)that the audible operation of the alarm is such as to give persons living or working in the vicinity reasonable cause for annoyance, and
(b)that an application is to be made to a justice of the peace for a warrant authorising the officer to enter the premises and turn off the alarm.
(3)An officer shall not enter premises by virtue of this paragraph unless he is accompanied by a constable.
(4)A warrant under this paragraph shall continue in force until the alarm has been turned off and the officer has complied with paragraph 10.
8An officer who enters premises by virtue of paragraph 6 or 7 may take with him such other persons and such equipment as may be necessary to turn off the alarm.E+W+S
9A person who enters premises by virtue of paragraph 6, 7 or 8 shall not cause more damage or disturbance than is necessary.E+W+S
10An officer who has entered premises by virtue of paragraph 6 or 7 which are unoccupied or from which the occupier is temporarily absent shall—E+W+S
(a)after the alarm has been turned off, re-set it if reasonably practicable,
(b)leave a notice at the premises stating what action has been taken on the premises under this Schedule, and
(c)leave the premises, so far as reasonably practicable, as effectually secured against trespassers as he found them.
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