Modifications etc. (not altering text)
C1Pt. 2 modified (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 16 para. 69(2); S.I. 2012/628, art. 6(i) (with arts. 9 11 14 15 17)
(1)An authorised person may enter premises at any reasonable time, or times, to carry out a survey under section 199.
(2)The power in subsection (1) may only be exercised if an authorised person has given at least 48 hours’ notice of the first exercise of the power—
(a)to the registered provider, and
(b)if the premises are occupied, to the occupier (or any one of the occupiers).
(3)The requirement to give notice may be waived—
(a)in the case of notice required by subsection (2)(a), by the registered provider, and
(b)in the case of notice required by subsection (2)(b), by the occupier (or any one of the occupiers) of the premises.
(4)Notice under subsection (2) may state that, if entry to the premises were to be refused, an authorised person would propose to apply for a warrant under section 199B.
(5)Notice required by subsection (2)(b) may be given by fixing it to some conspicuous part of the premises.
(6)An authorised person who under this section has entered, or who is seeking to enter, premises in order to carry out a survey must produce a copy of the authorisation mentioned in section 199(3) on request by an occupier.
(7)An authorised person entering premises to carry out a survey may—
(a)be accompanied by such other persons, and
(b)take onto the premises such equipment or materials,
as the authorised person thinks necessary for the purposes of carrying out the survey.
(8)Equipment or materials taken onto premises by virtue of subsection (7) may be left in a place on the premises until the survey has been carried out provided that—
(a)leaving the equipment or the materials in that place does not significantly impair the ability of an occupier to use the premises, or
(b)leaving the equipment or the materials on the premises is necessary for the purposes of carrying out the survey and it is not possible to leave it or them in a place that does not significantly impair the ability of an occupier to use the premises.
(9)Where the premises include common parts of a building, references in subsection (8) to the ability of an occupier to use the premises include the ability of an occupier of a dwelling that has use of the common parts to use those parts or the dwelling.
(10)In this section, “common parts”, in relation to a building, includes the structure and exterior of that building and any common facilities provided (whether or not in the building) for persons who occupy the building.]
Textual Amendments
F1Ss. 199A, 199B inserted (1.4.2024) by Social Housing (Regulation) Act 2023 (c. 36), ss. 28(3), 46(3); S.I. 2024/437, reg. 2(o)