Textual Amendments
F1Word in s. 40 cross-heading inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 24 (with s. 97); S.I. 2012/1205, art. 4(k)
(1)A justice of the peace may on the application of a constable issue a warrant in relation to specified premises if he is satisfied that there are reasonable grounds for suspecting that a person whom the constable reasonably suspects to be a person falling within section 40(1)(b) is to be found there.
(2)A warrant under this section shall authorise any constable to enter and search the specified premises for the purpose of arresting the person referred to in subsection (1) under section 41.
(3)In the application of subsection (1) to Scotland—
(a)“justice of the peace” includes the sheriff, and
(b)the justice of the peace or sheriff can be satisfied as mentioned in that subsection only by having heard evidence on oath.