The Human Medicines Regulations 2012

Application for warrant U.K.

326.—(1) In a case where this regulation applies, a justice of the peace may issue a warrant authorising an inspector to enter premises, by force if necessary.

(2) This regulation applies if, on sworn information in writing, the justice of the peace is satisfied that—

(a) there are reasonable grounds for entering the premises by virtue of the enforcement authority's functions under these Regulations;

(b) an inspector has a right to enter them by virtue of regulation 325; and

(c) a condition specified in paragraph (3) is satisfied.

(3) Those conditions are—

(a) that—

(i) admission to the premises has been refused or is expected to be refused, and

(ii) notice of the intention to apply for a warrant has been given to the occupier;

(b) that a request for admission, or the giving of notice, would defeat the object of the entry;

(c) that the case is one of urgency; or

(d) that the premises are unoccupied or the occupier is temporarily absent.

(4) In relation to a ship, aircraft, hovercraft or vehicle, references in this Part to the occupier of premises are to be read as references to the master, commander or other person in charge of the ship, aircraft, hovercraft or vehicle.

(5) A warrant granted under this regulation continues in force for a period of 30 days beginning with the day on which the warrant is granted.

(6) In the application of this regulation to England, references to a justice of the peace include a reference to a district judge (magistrates' courts).

(7) In the application of this regulation to Scotland, references to a justice of the peace are to be read as references to a sheriff, stipendiary magistrate or justice of the peace.

(8) In the application of this regulation to Northern Ireland, references to a justice of the peace are to be read as references to a lay magistrate or a district judge (magistrates' courts).

Modifications etc. (not altering text)

C1 Regs. 325-330 applied (with modifications) by The Medicines for Human Use (Clinical Trials) Regulations 2004 (S.I. 2004/1031), reg 47(1), Sch. 9 (as substituted (14.8.2012) by S.I. 2012/1916, reg. 1(2), Sch. 34 paras. 57(b), 64 (with Sch. 32))