The Plant Health (Forestry) Order 2005

Power to enter premises used wholly or mainly as a dwelling

This section has no associated Explanatory Memorandum

37.—(1) The power to enter premises conferred by articles 30, 32 and 36 may be exercised by an inspector to enter premises used wholly or mainly as a dwelling only if he has been granted a warrant by—

(a)in England and Wales, a justice of the peace; or

(b)in Scotland, a sheriff or a justice of the peace.

(2) A justice of the peace or sheriff may grant a warrant under paragraph (1) only if he is satisfied—

(a)that admission to any premises has been refused, or is likely to be refused, or that the case is one of urgency, or that a request for admission might prejudice the purpose of the entry; and

(b)that there are reasonable grounds for entry under article 30, 32 or 36 as the case may be.

(3) A warrant granted under paragraph (1) shall remain in force—

(a)for one month; or

(b)until the purpose for which the warrant is granted has been fulfilled,

whichever period is the shorter.