Part 15Inspection

Powers and procedure

I1318Dwellings

1

A power under this Part to enter premises without a warrant does not apply in relation to a dwelling.

2

A justice of the peace may on the application of a constable, enforcement officer or authorised person issue a warrant authorising a constable, enforcement officer or authorised person to enter premises if the justice of the peace is satisfied—

a

that, but for subsection (1), a constable, enforcement officer or authorised person would be able to enter the premises without a warrant in reliance on a provision of this Part, and

b

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, enforcement officer or authorised person 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 or section 319 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.