Part 8Enforcement

Rights of entry

I1164Right to enter under warrant

1

This section applies if it is shown to the satisfaction of a justice of the peace on sworn information in writing—

a

that there are reasonable grounds for suspecting that an offence under section 160 or 161 is being, or has been, committed on or in respect of any land, and

b

that the condition in subsection (2) is met.

2

The condition is that—

a

admission to the land has been refused, or a refusal is reasonably apprehended, or

b

the case is one of urgency.

3

The justice of the peace may issue a warrant authorising any person who is authorised in writing for the purpose by the relevant local planning authority to enter the land.

4

For the purposes of subsection (2)(a) admission to land is to be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

5

A warrant authorises entry on one occasion only and that entry must be—

a

before the end of the period of one month beginning with the date of the issue of the warrant, and

b

at a reasonable hour, unless the case is one of urgency.