The Forest Law Enforcement, Governance and Trade Regulations 2012

Powers of entry U.K.

6.—(1) A wildlife inspector may, on giving reasonable notice, enter premises at any reasonable hour, except premises used wholly or mainly as a private dwellinghouse, for the purpose of enforcing the European Regulations.

(2) The requirement to give notice does not apply—

(a) where reasonable efforts to agree an appointment have failed;

(b) where a wildlife inspector reasonably believes that giving notice would defeat the object of the entry;

(c) where a wildlife inspector has a reasonable suspicion of a breach of the European Regulations; or

(d) in an emergency.

(3) A wildlife inspector must, if requested to do so, produce a duly authenticated authorisation document.

(4) Paragraph (6) applies where a justice of the peace is satisfied, on sworn information in writing—

(a) that there are reasonable grounds for a constable to enter premises for the purpose of enforcing the European Regulations; and

(b) that any of the conditions in paragraph (5) are met.

(5) The conditions are—

(a) entry to the premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier;

(b) asking for admission to the premises, or giving such a notice, would defeat the object of the entry;

(c) entry is required urgently; or

(d) the premises are unoccupied or the occupier is temporarily absent.

(6) Where this paragraph applies, a justice of the peace may by signed warrant permit a constable to enter and search the premises in question, and seize any timber product on the premises, if necessary by reasonable force.

(7) But the power in paragraph (6) does not extend to premises used wholly or mainly as a private dwellinghouse.

(8) A warrant is valid for three months.

(9) A constable entering premises under this regulation may—

(a) be accompanied by—

[F1 (i) such other persons as the constable considers necessary,]

(ii) any representative of the European Commission; and

(b) bring on to the premises such equipment as the constable considers necessary.

(10) A constable entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.

(11) In this regulation—

(a) in Scotland, a reference to a justice of the peace includes a sheriff, and the reference to sworn information in writing is a reference to evidence on oath; and

(b) in Northern Ireland, a reference to a justice of the peace is a reference to a lay magistrate, and the reference to sworn information in writing is a reference to a sworn complaint in writing.

Textual Amendments

F1 Reg. 6(9)(a)(ii) omitted (E.W.S.) (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 2(5) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)); 2020 c. 1, Sch. 5 para. 1(1)