7.—(1) If it is shown to the satisfaction of a lay magistrate on complaint on oath—N.I.
(a)that there are reasonable grounds for the exercise in relation to any premises of a right or power to which this Part of this Schedule applies; and
(b)that one or more of the conditions specified in sub-paragraph (2) is fulfilled in relation to those premises,
the magistrate may by warrant authorise the relevant authority to designate a person who shall be authorised to exercise the right or 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) are—
(a)that the exercise of the right or 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 warrant under this Part of this Schedule shall not be issued by a lay magistrate in a case in which he is satisfied that the condition mentioned in head (a) or (b) of sub-paragraph (2) is fulfilled, 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 Part of this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.
Commencement Information
I1Sch. 4 para. 7 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)