Warrant to enter a dwellingE+W
3(1)An inspector may not enter any premises used wholly or mainly as a dwelling unless—E+W
(a)the occupier of the premises or other person appearing to the inspector to be in charge of the premises consents, or
(b)a justice of the peace has issued a warrant, on the application of an inspector, authorising the inspector to enter the premises.
(2)A justice of the peace may issue a warrant if satisfied on sworn information in writing that—
(a)there are reasonable grounds for suspecting that—
(i)an offence under section 1 is being, has been or is about to be committed on the premises, or
(ii)evidence an offence under section 1 is being, has been or is about to be committed may be found on the premises; and
(b)any of conditions 1, 2, 3 or 4 is met.
(3)Condition 1 is that—
(a)a request to enter the premises has been refused or is likely to be refused, and
(b)notice of the intention to apply for a warrant has been given to the occupier of the premises or to a person appearing to the inspector to be in charge of the premises.
(4)Condition 2 is that requesting to enter the premises or giving notice of intention to apply for a warrant under this paragraph might defeat the object of the entry.
(5)Condition 3 is that the premises are unoccupied.
(6)Condition 4 is that—
(a)the occupier of the premises is temporarily absent, and
(b)it might defeat the object of entry to wait for the occupier's return.
Commencement Information
I1Sch. para. 3 in force at 1.12.2020, see s. 12
4E+WA warrant issued under paragraph 3—
(a)authorises entry on one occasion;
(b)must be executed within 28 days beginning with the date it was issued.
Commencement Information
I2Sch. para. 4 in force at 1.12.2020, see s. 12