SCHEDULEPowers of enforcement

Warrant to enter a dwelling

3

(1)

An inspector may not enter any premises used wholly or mainly as a dwelling unless—

(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.