Textual Amendments
F1Sch. 1A inserted (1.4.2004) by Water Act 2003 (c. 37), s. 105(3), Sch. 5; S.I. 2004/641, art. 3(w) (with Sch. 3 para. 7)
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 of a relevant power; and
(b)that one or more of the conditions specified in sub-paragraph (2) below is fulfilled in relation to those premises,
the justice may by warrant authorise the Authority to designate a person who shall be authorised to exercise the power in relation to those premises, 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 has been refused;
(b)that such a refusal is reasonably expected;
(c)that the premises are unoccupied; or
(d)that the occupier is temporarily absent from the premises and the case is one of urgency.
(3)In a case where subsection (5) of section 4B of this Act applies, a justice of the peace shall not issue a warrant under this Schedule merely because he is satisfied that the exercise of a power in relation to any premises has been refused, or that a refusal is reasonably expected, unless he is also satisfied that the notice required by that subsection has been given and that the period of that notice has expired.
(4)Every warrant under this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.]