Part 15

Inspection

Powers and procedure

Dwellings
318
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.
S. 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)