PART 3Enforcement

Warrant9

1

If a justice of the peace, on sworn information in writing, or in Scotland by evidence on oath, or in Northern Ireland on a sworn complaint in writing, is satisfied—

a

that there are reasonable grounds to enter any premises for the purposes of executing or enforcing the European Regulations or these Regulations; and

b

that any of the conditions in paragraph (2) are met,

the justice may by signed warrant authorise the authorised officer to enter the premises, if need be by reasonable force.

2

The conditions are that—

a

admission to the premises has been refused, or a refusal is expected, and (in either case) notice of the intention to apply for a warrant has been given to the occupier;

b

asking for admission to the premises, or the giving of such notice, would defeat the object of the entry;

c

entry is required urgently; or

d

the premises are unoccupied or the occupier is temporarily absent.

3

A warrant is valid for three months.

4

An authorised officer entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.

5

In this regulation, a reference to a justice of the peace—

a

in Scotland includes a sheriff; and

b

in Northern Ireland is a reference to a lay magistrate.