Wireless Telegraphy Act 2006

59Entry and search of premises etcE+W+S+N.I.

(1)A justice of the peace may issue an authorisation under this section if he is satisfied, on an application supported by sworn evidence, that—

(a)there is reasonable ground for believing that there is to be found, on specified premises or in a specified ship, aircraft or vehicle, apparatus that does not comply with the requirements applicable to it under regulations made under section 54;

(b)it is necessary to enter those premises, or that ship, aircraft or vehicle, for the purpose of obtaining information that will enable OFCOM to decide whether or not to give a notice under section 55 or 56; and

(c)within the period of 14 days before the date of the application to the justice, access to the premises, ship, aircraft or vehicle for the purpose of obtaining such information—

(i)has been demanded by a person authorised for the purpose by OFCOM, who has produced sufficient documentary evidence of his identity and authority; but

(ii)has been refused.

(2)But the justice may not issue an authorisation unless the first or second condition is fulfilled as regards the application.

(3)The first condition is that it is shown to the justice that OFCOM are satisfied that there is reasonable ground for believing that the use of the apparatus in question is likely to cause undue interference with wireless telegraphy used—

(a)for the purposes of a safety of life service; or

(b)for a purpose on which the safety of a person, or of a ship, aircraft or vehicle, may depend.

(4)The second condition is that it is shown to the justice that—

(a)at least seven days before the demand was made, notice that access would be demanded was given to the occupier of the premises or (as the case may be) the person in possession or the person in charge of the ship, aircraft or vehicle;

(b)the demand for access was made at a reasonable hour; and

(c)it was unreasonably refused.

(5)An authorisation under this section is an authorisation empowering a person or persons authorised for the purpose by OFCOM, with or without constables—

(a)to enter the premises or (as the case may be) the ship, aircraft or vehicle and any premises on which it may be;

(b)to search the premises, ship, aircraft or vehicle with a view to discovering whether apparatus falling within subsection (1)(a) is there;

(c)if he or they find such apparatus there, to examine and test it with a view to obtaining the information mentioned in subsection (1)(b).

(6)An authorisation under this section must be in writing and signed by the justice.

(7)A person authorised by OFCOM to exercise a power conferred by this section may if necessary use reasonable force in the exercise of the power.

(8)Subsection (7) does not affect any power exercisable by the person apart from that subsection.

(9)Where under this section a person has a right to examine and test apparatus on premises or in a ship, aircraft or vehicle, any person who—

(a)is on the premises, or

(b)is in charge of, or in or in attendance on, the ship, aircraft or vehicle,

must give him whatever assistance he may reasonably require in the examination or testing of the apparatus.

(10)A reference in this section to a justice of the peace is to be read—

(a)in Scotland, as a reference to a sheriff;

(b)in Northern Ireland, as a reference to a lay magistrate.