General

Conditions for grant of warrant
52
1
This section is satisfied in relation to premises if any of the following four conditions is met.
2
The first condition is that the whole of the premises is used as a private dwelling and the occupier has been informed of the decision to apply for a warrant.
3
The second condition is that any part of the premises is not used as a private dwelling and that each of the following applies to the occupier of the premises—
a
he has been informed of the decision to seek entry to the premises and of the reasons for that decision;
b
he has failed to allow entry to the premises on being requested to do so by an inspector or a constable;
c
he has been informed of the decision to apply for a warrant.
4
The third condition is that—
a
the premises are unoccupied or the occupier is absent, and
b
notice of intention to apply for a warrant has been left in a conspicuous place on the premises.
5
The fourth condition is that it is inappropriate to inform the occupier of the decision to apply for a warrant because—
a
it would defeat the object of entering the premises, or
b
entry is required as a matter of urgency.
S. 52 in force at 27.3.2007 for W. by S.I. 2007/1030, art. 2(1)(f)
S. 52 in force at 6.4.2007 for E. by S.I. 2007/499, art. 2(2)(h)