SCHEDULES

SCHEDULE 4RIGHTS OF ENTRY

PART IIOTHER RIGHTS OF ENTRY AND RELATED POWERS

Warrant to exercise right or power

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1

If it is shown to the satisfaction of a lay magistrate on complaint on oath—

a

that there are reasonable grounds for the exercise in relation to any premises of a right or power to which this Part of this Schedule applies; and

b

that one or more of the conditions specified in sub-paragraph (2) is fulfilled in relation to those premises,

the magistrate may by warrant authorise the relevant authority to designate a person who shall be authorised to exercise the right or power in relation to those premises in accordance with the warrant and, if need be, by force.

2

The conditions mentioned in sub-paragraph (1)(b) are—

a

that the exercise of the right or power in relation to the premises has been refused;

b

that such a refusal is reasonably apprehended;

c

that the premises are unoccupied;

d

that the occupier is temporarily absent from the premises;

e

that the case is one of urgency; or

f

that an application for admission to the premises would defeat the object of the proposed entry.

3

A warrant under this Part of this Schedule shall not be issued by a lay magistrate in a case in which he is satisfied that the condition mentioned in head (a) or (b) of sub-paragraph (2) is fulfilled, unless he is also satisfied—

a

that notice of the intention to apply for the warrant has been given to the occupier of the premises; or

b

that the giving of such a notice would defeat the object of the proposed entry.

4

Every warrant under this Part of this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.