SCHEDULEInspections

Powers of entry

2

An inspector may enter any premises (other than premises used only as a dwelling) if there are reasonable grounds for suspecting—

(a)

that an offence under section 1 is being, has been or is about to be committed on the premises, or

(b)

that evidence of the commission of an offence under section 1 may be found on the premises.

3

(1)

An inspector may enter premises used only as a dwelling if a justice of the peace has issued a warrant authorising the inspector to enter those premises.

(2)

A justice of the peace may only issue such a warrant if, on an application by an inspector, the justice is satisfied on sworn information in writing—

(a)

that there are reasonable grounds for suspecting—

(i)

that an offence under section 1 is being, has been or is about to be committed on the premises, or

(ii)

that evidence of the commission of an offence under section 1 may be found on the premises; and

(b)

that any of the conditions in sub-paragraph (3) is satisfied.

(3)

The conditions are—

(a)

that entry to the premises is unlikely to be granted unless a warrant is produced and that notice of intention to apply for a warrant has been given to the occupier;

(b)

that an application for admission to the premises or the giving of notice of intention to apply for a warrant might defeat the object of entry;

(c)

that the premises are unoccupied;

(d)

that the occupier is temporarily absent and it might defeat the object of entry to wait for the occupier's return.