General

52Conditions for grant of warrant

1

This section is satisfied in relation to premises if any of the following four conditions is met.

2

The first condition is that the whole of the premises is used as a private dwelling and the occupier has been informed of the decision to apply for a warrant.

3

The second condition is that any part of the premises is not used as a private dwelling and that each of the following applies to the occupier of the premises—

a

he has been informed of the decision to seek entry to the premises and of the reasons for that decision;

b

he has failed to allow entry to the premises on being requested to do so by an inspector or a constable;

c

he has been informed of the decision to apply for a warrant.

4

The third condition is that—

a

the premises are unoccupied or the occupier is absent, and

b

notice of intention to apply for a warrant has been left in a conspicuous place on the premises.

5

The fourth condition is that it is inappropriate to inform the occupier of the decision to apply for a warrant because—

a

it would defeat the object of entering the premises, or

b

entry is required as a matter of urgency.