SCHEDULEPowers of enforcement
Warrant to enter a dwelling
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1
An inspector may not enter any premises used wholly or mainly as a dwelling unless—
a
the occupier of the premises or other person appearing to the inspector to be in charge of the premises consents, or
b
a justice of the peace has issued a warrant, on the application of an inspector, authorising the inspector to enter the premises.
2
A justice of the peace may issue a warrant if satisfied on sworn information in writing that—
a
there are reasonable grounds for suspecting that—
i
an offence under section 1 is being, has been or is about to be committed on the premises, or
ii
evidence an offence under section 1 is being, has been or is about to be committed may be found on the premises; and
b
any of conditions 1, 2, 3 or 4 is met.
3
Condition 1 is that—
a
a request to enter the premises has been refused or is likely to be refused, and
b
notice of the intention to apply for a warrant has been given to the occupier of the premises or to a person appearing to the inspector to be in charge of the premises.
4
Condition 2 is that requesting to enter the premises or giving notice of intention to apply for a warrant under this paragraph might defeat the object of the entry.
5
Condition 3 is that the premises are unoccupied.
6
Condition 4 is that—
a
the occupier of the premises is temporarily absent, and
b
it might defeat the object of entry to wait for the occupier's return.
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A warrant issued under paragraph 3—
a
authorises entry on one occasion;
b
must be executed within 28 days beginning with the date it was issued.