SCHEDULE 1ENFORCEMENT POWERS

3Entry and associated powers

1

A sheriff or justice of the peace may grant a warrant under this sub-paragraph if satisfied—

a

that there are reasonable grounds for believing—

i

that a section 1 offence has been or is being committed at any premises, or

ii

that evidence of the commission of, or participation in, a section 1 offence is to be found at any premises, and

b

that condition A or condition B is satisfied in relation to the premises.

2

Condition A is—

a

that—

i

admission to the premises has been refused, or

ii

such a refusal may reasonably be expected, and

b

that—

i

notice of the intention to seek a warrant has been given to the occupier of the premises, or

ii

the giving of such notice would frustrate the purpose for which the warrant is sought.

3

Condition B is—

a

that the premises are unoccupied, or

b

that the occupier is temporarily absent.