PART 5Compliance monitoring
Warrants48.
(1)
A judge may by warrant authorise a Regulator F1or an authorised person to exercise the power in article 47(1)(a), in accordance with the warrant, where satisfied that—
(a)
there are reasonable grounds for the exercise of the powerF2, and
(b)
one or more of the conditions in paragraph (2) are fulfilled in relation to the premises.
(2)
The conditions referred to in paragraph (1)(b) are that—
(a)
the exercise of the power by consent in relation to the premises has been refusedF2,
(b)
a refusal of consent to the exercise of the power is reasonably expectedF2,
(c)
the premises are unoccupiedF2,
(d)
the occupier is temporarily absent from the premises and the case is one of urgencyF2,
(e)
a request for admission to the premises would defeat the purpose of the entry.
(3)
A warrant in accordance with this article continues to have effect until the purpose for which it was issued has been fulfilled.
(4)
In paragraph (1), “judge” means—
(b)
in Northern Ireland, a lay magistrateF2, or
(c)
in Scotland, a justice of the peace or sheriff.