Enforcement

11Power of entry: other circumstances requiring warrant

1

A justice of the peace may issue a warrant authorising an authorised officer of a local authority to enter premises, other than‍ residential premises, by force if necessary, if satisfied on sworn information in writing that—

a

there are reasonable grounds for believing that an offence under section 5 has been committed in the area of the local authority,

b

it is necessary to enter the premises for the purpose of ascertaining whether such an offence has been committed, and

c

a requirement set out in subsection (2) or (3) is met.

2

The requirement is that—

a

a request to enter the premises has been, or is likely to be, refused, and

b

notice of intention to apply for a warrant under this section has been given to the occupier, or to a person who reasonably appears to the local authority to be concerned in the management of the premises.

3

The requirement is that requesting to enter the premises, or the giving of notice of intention to apply for a warrant under this section, is likely to defeat the purpose of the entry.

4

The warrant continues in force until the end of the period of 28 days beginning with the date on which it was issued.