Animals in distress
I1I219Power of entry for section 18 purposes
1
An inspector or a constable may enter premises for the purpose of searching for a protected animal and of exercising any power under section 18 in relation to it if he reasonably believes—
a
that there is a protected animal on the premises, and
b
that the animal is suffering or, if the circumstances of the animal do not change, it is likely to suffer.
2
Subsection (1) does not authorise entry to any part of premises which is used as a private dwelling.
3
An inspector or a constable may (if necessary) use reasonable force in exercising the power conferred by subsection (1), but only if it appears to him that entry is required before a warrant under subsection (4) can be obtained and executed.
4
Subject to subsection (5), a justice of the peace may, on the application of an inspector or constable, issue a warrant authorising an inspector or a constable to enter premises for the purpose mentioned in subsection (1), if necessary using reasonable force.
5
The power to issue a warrant under subsection (4) is exercisable only if the justice of the peace is satisfied—
a
that there are reasonable grounds for believing that there is a protected animal on the premises and that the animal is suffering or is likely to suffer if its circumstances do not change, and
b
that section 52 is satisfied in relation to the premises.