Public Utility Transfers and Water Charges Act 1988

Entry in execution of a warrant

3 (1) If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

(a) that there are reasonable grounds for the exercise in relation to any premises of a power conferred by paragraph 2 above on a person authorised by any water undertakers; and

(b) that one or more of the conditions specified in sub-paragraph (2) below is satisfied in relation to those premises,

the justice may by warrant authorise the undertakers, by any authorised person, to exercise the power in relation to those premises in accordance with the warrant and, if need be, by force.

(2) The conditions mentioned in sub-paragraph (1)(b) above are—

(a) that the exercise of the power in relation to the premises has been refused;

(b) that such a refusal is reasonably apprehended;

(c) that the premises are unoccupied;

(d) that the occupier is temporarily absent from the premises;

(e) that the case is one of urgency; or

(f) that an application for admission to the premises would defeat the object of the proposed entry.

(3) A justice of the peace shall not issue a warrant under this paragraph by virtue only of being satisfied that the exercise of a power in relation to any premises has been refused, or that a refusal is reasonably apprehended, unless he is also satisfied—

(a) that notice of the intention to apply for the warrant has been given to the occupier of the premises; or

(b) that the giving of such a notice would defeat the object of the proposed entry.

(4) Every warrant under this paragraph shall continue in force until the purposes for which the warrant was issued have been fulfilled.