PART 4ENFORCEMENT AND ADMINISTRATION

Powers of entry11

1

An officer of the Agency may, on producing a duly authenticated authorisation if required, enter any premises (except any premises used wholly as a private dwelling house) at any reasonable hour—

a

where the officer has reason to suspect that an offence under these Regulations has been, or is about to be, committed; or

b

for the purposes of exercising the powers conferred by regulation 7(1)(b) or regulation 8(3), or for investigating whether any of those powers are exercisable.

2

The officer may be accompanied by such other persons, and may use any such vehicles, vessels or equipment as the officer considers necessary.

3

An officer may enter any premises (or any part of premises) which are a private dwelling only if a justice of the peace has issued a warrant authorising the officer to do so.

4

If a justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises for the purposes described in paragraph (1), and either—

a

admission has been refused, or a refusal is expected, and (in either case) notice to apply for a warrant has been given to the occupier,

b

asking for admission for giving such notice would defeat the object of the entry,

c

the case is one of urgency, or

d

the premises are unoccupied or the occupier is temporarily absent,

the justice may by signed warrant authorise the officer to enter the premises, if need be by reasonable force.

5

A warrant under this regulation is valid for one month.

6

An officer who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.