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SCHEDULES

SCHEDULE 8Inspectors

PART 3Other powers exercisable by inspector if authorised by instrument of appointment

Power of entry

8(1)An inspector may, if authorised, enter any premises which the inspector has reason to believe it is necessary for the inspector to enter for the relevant purpose—

(a)at any reasonable time, or

(b)at any time, in a situation—

(i)which in the inspector’s opinion is or may be dangerous, or

(ii)in which, in the inspector’s opinion, delay would or might be prejudicial to the nuclear security purposes.

(2)In relation to domestic premises, the power may be exercised only—

(a)in accordance with a warrant issued by a justice of the peace, or

(b)in a situation which in the inspector’s opinion is or may be dangerous.

(3)A justice of the peace may issue a warrant under sub-paragraph (2)(a) only if satisfied, on the application of the inspector,—

(a)that—

(i)there are reasonable grounds to believe that a contravention of a relevant statutory provision is occurring on the premises, or

(ii)the inspector has been refused consent to enter the premises for the relevant purpose or there are reasonable grounds to believe that such consent will be refused, and

(b)that it is reasonable in the circumstances to issue a warrant to the inspector.

(4)The reference to premises in sub-paragraph (1) includes any ship outside the United Kingdom or its territorial sea.

(5)For the purposes of this paragraph, “domestic premises” means premises used wholly or mainly as a private dwelling.