Public Health (Wales) Act 2017

101 Warrant to enter other premises

(1) A justice of the peace may exercise the power in subsection (2) in relation to premises in Wales other than premises used wholly or mainly as a dwelling if satisfied on sworn information in writing—

(a) that there are reasonable grounds for believing that an offence under section 95 has been committed,

(b) that it is necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed, and

(c) that a requirement set out in one or more of subsections (3) to (6) is met.

(2) The justice may issue a warrant authorising a constable or authorised officer to enter the premises, if need be by force.

(3) The requirement is that—

(a) a request to enter the premises has been, or is likely to be, refused, and

(b) notice of intention to apply for a warrant under this section has been given to the occupier or a person who reasonably appears to the justice of the peace to be concerned in the management of the premises.

(4) The requirement is that requesting to enter the premises, or the giving of notice of intention to apply for a warrant under this section, is likely to defeat the purpose of the entry.

(5) The requirement is that the premises are unoccupied.

(6) The requirement is that—

(a) the occupier of the premises is temporarily absent, and

(b) awaiting the occupier’s return is likely to defeat the object of the entry.

(7) The warrant continues in force until the end of the period of 28 days beginning with the date on which it was issued.