PART VIIPOWERS OF AUTHORISED PERSONS
59F1Power of lay magistrate to grant warrant to enter certain premises.
1
If a lay magistrate is satisfied by complaint on oath that the first condition is satisfied and that the second or third condition is satisfied he may issue a warrant authorising an authorised person to enter any premises, if necessary using reasonable force, for any of the purposes mentioned in section 63(1).
2
The complaint shall include—
a
a statement as to whether any representations have been made by the occupier of the premises to an authorised person concerning the purpose for which the warrant is sought;
b
a summary of any such representations.
3
The first condition is that there are reasonable grounds for an authorised person to enter the premises for that purpose.
4
The second condition is 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 authorised person;
c
he has been informed of the decision to apply for the warrant.
5
The third condition is that—
a
the premises are unoccupied or the occupier is absent and (in either case) notice of intention to apply for the warrant has been left in a conspicuous place on the premise, or
b
an application for admission to the premises or the giving of notice of intention to apply for the warrant would defeat the object of entering the premises.
6
A warrant issued under this section shall not continue in force for more than 7 days from the date of its issue by the lay magistrate, which date shall be clearly visible on the warrant.
7
A warrant issued under this section shall be executed only at a reasonable hour unless otherwise authorised by the warrant.
8
A person authorised to enter premises by virtue of a warrant issued under this section—
a
may take with him such other persons and such equipment as he considers may be necessary; and
b
shall, on leaving any unoccupied premises which he has entered by virtue of such a warrant, leave them as effectually secured against trespassers as he found them.
9
In this section “authorised person” does not include a private river watcher.