103Power to enter premises not being used as a residential unit(1)

An authorised officer may enter any premises not being used as a residential unit where—

(a)

the officer considers it necessary to enter the premises for a relevant purpose, and

(b)

unless the officer considers that it would frustrate the purpose—

(i)

entry takes place at a reasonable time of day, and

(ii)

reasonable notice is given to the occupier or‍ to a person appearing to the officer to be in charge of the premises.

(2)

An authorised officer may enter any premises not being used as a residential unit by force (if necessary) where—

(a)

the officer considers that it is necessary to enter the premises for a relevant purpose, and

(b)

a warrant has been issued by a justice of the peace under subsection (3).

(3)

A justice of the peace may issue a warrant under this subsection only if satisfied, on sworn information in writing from an authorised officer—

(a)

that it is necessary for an authorised officer to gain entry for a relevant purpose, and

(b)

that either of the following is the case—

(i)

entry has been, or is likely to be, refused, or

(ii)

it is otherwise appropriate for the officer to be authorised to enter by force (if necessary).

(4)

A warrant issued under subsection (3)—

(a)

authorises an authorised officer to enter premises specified in the warrant by force (if necessary);

(b)

may specify when, or how often, entry may take place.

(5)

In this section and section 104, “residential unit” includes premises that would be a residential unit but for regulations made under section 5(6)(a).