(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.
Commencement Information
I1S. 318 in force at 21.5.2007 by S.I. 2006/3272, art. 2(2), Sch. 2 (with arts. 7-11, 7-12, Sch. 4) (as amended by S.I. 2007/1157, arts. 3(3), 4)