SCHEDULES
F1SCHEDULE 3BInspection, entry, search and seizure
Entry and search in connection with suspected offence
5
1
If a justice of the peace is satisfied on sworn information or, in Northern Ireland, on a complaint on oath that there are reasonable grounds for believing—
a
that an offence under this Act is being, or has been committed on any premises, and
b
that any of the conditions in sub-paragraph (2) is met in relation to the premises,
the justice of the peace may by signed warrant authorise a duly authorised person, together with any constables, to enter the premises, if need be by force, and search them.
2
The conditions referred to are—
a
that entry to the premises has been, or is likely to be, refused and notice of the intention to apply for a warrant under this paragraph has been given to the occupier;
b
that the premises are unoccupied;
c
that the occupier is temporarily absent;
d
that an application for admission to the premises or the giving of notice of the intention to apply for a warrant under this paragraph would defeat the object of entry.
3
A warrant under this paragraph shall continue in force until the end of the period of 31 days beginning with the day on which it is issued.
4
In relation to Scotland—
a
any reference in sub-paragraph (1) to a justice of the peace includes a reference to a sheriff, and
b
the reference in that sub-paragraph to “on sworn information” is to be read as a reference to “by evidence on oath”.
Sch. 3B inserted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 5; S.I. 2009/2232, art. 2(x)