Prospective

PART 3 E+W ENFORCEMENT AND INVESTIGATORY POWERS

Functions of authorised officers E+W

104 Power to enter premises being used as a residential unit E+W

(1) An authorised officer may enter any premises being used as a residential unit where—

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

(b) a warrant authorising entry has been issued by a justice of the peace under subsection (2).

(2) 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 any of the following is the case—

(i) requesting entry for the relevant purpose would frustrate that purpose,

(ii) entry for the relevant purpose has been, or is likely to be, refused, or

(iii) no person entitled to grant entry for the relevant purpose can be found.

(3) A warrant issued under subsection (2)—

(a) authorises an authorised officer to enter premises specified in the warrant;

(b) may, if the justice of the peace considers it necessary, authorise an authorised officer—

(i) to exercise functions under section 105 to the extent specified in the warrant;

(ii) to enter the premises by force (if necessary);

(c) may specify when, or how often, entry may take place.

Commencement Information

I1 S. 104 not in force at Royal Assent, see s. 138(2)