SCHEDULES

C2SCHEDULE 3 Powers of entry and inspection

Annotations:
Modifications etc. (not altering text)
C2

Sch. 3 applied (with modifications) (31.12.2009) by The INSPIRE Regulations 2009 (S.I. 2009/3157), {reg. 11(1)-(3)(9)}

Issue of warrants

I1C11

1

If a circuit judge is satisfied by information on oath supplied by the Commissioner that there are reasonable grounds for suspecting—

a

that a public authority has failed or is failing to comply with—

i

any of the requirements of Part I of this Act,

ii

so much of a decision notice as requires steps to be taken, or

iii

an information notice or an enforcement notice, or

b

that an offence under section 77 has been or is being committed,

and that evidence of such a failure to comply or of the commission of the offence is to be found on any premises specified in the information, he may, subject to paragraph 2, grant a warrant to the Commissioner.

2

A warrant issued under sub-paragraph (1) shall authorise the Commissioner or any of his officers or staff at any time within seven days of the date of the warrant—

a

to enter and search the premises,

b

to inspect and seize any documents or other material found there which may be such evidence as is mentioned in that sub-paragraph, and

c

to inspect, examine, operate and test any equipment found there in which information held by the public authority may be recorded.