[F12A(1)This paragraph applies where an application for an all premises warrant is made under paragraph 1 and—E+W+N.I.
(a)the application is made by a police officer of at least the rank of superintendent, and
(b)the justice to whom the application is made is not satisfied of the matter referred to in paragraph 1(5)(c).
(2)The justice may grant the application if satisfied of the matters referred to in paragraph 1(5)(a), (b) and (d).
(3)Where a warrant under paragraph 1 is issued by virtue of this paragraph, the powers under paragraph 1(2)(a) and (b) are exercisable only—
(a)in respect of premises which are not residential premises, and
(b)within the period of 24 hours beginning with the time when the warrant is issued.
(4) For the purpose of sub-paragraph (3) “ residential premises ”, in relation to a power under paragraph 1(2)(a) or (b), means any premises which the constable exercising the power has reasonable grounds for believing are used wholly or mainly as a dwelling. ]
Textual Amendments
F1Sch. 5 para. 2A inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 26(6); S.I. 2006/1013, art. 2