Part 15

Inspection

Kinds of inspection

Suspected offence
306
1
A constable or enforcement officer may enter premises if he reasonably suspects that an offence under this Act may be—
a
being committed on the premises, or
b
about to be committed on the premises.
2
A justice of the peace may on the application of a constable or enforcement officer issue a warrant authorising a constable or enforcement officer to enter premises if the justice of the peace is satisfied—
a
that there are reasonable grounds for suspecting that an offence under this Act has been committed on the premises,
b
that there are reasonable grounds for suspecting that evidence of the commission of the offence may be found on the premises, and
c
that at least one of the conditions in subsection (3) is satisfied.
3
Those conditions are—
a
that admission to the premises has been refused,
b
that admission to the premises is likely to be refused unless a warrant is produced,
c
that the purpose of entry may be frustrated or seriously prejudiced unless a constable or enforcement officer arriving at the premises can secure immediate entry, and
d
that there is likely to be nobody at the premises capable of granting admission.
4
A warrant may be granted in reliance on subsection (3)(a) or (b) only if the justice of the peace is satisfied—
a
that notice has been given to a person occupying the premises, or having responsibility for their management, of intent to apply for a warrant, or
b
that the purpose of entry may be frustrated or seriously prejudiced by the giving of notice under paragraph (a).
5
A warrant under subsection (2) shall cease to have effect at the end of the period of 28 days beginning with the day of issue.
6
In the application of this section to Scotland, any reference to a justice of the peace is to be construed as a reference to the sheriff or a justice of the peace.
S. 306 in force at 1.9.2007 by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)