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Wild Animals and Circuses (Wales) Act 2020

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This is the original version (as it was originally enacted).

Warrant to enter a dwelling

This section has no associated Explanatory Notes

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.

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