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The Wine Regulations 2011
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- UK Statutory Instruments
- 2011 No. 2936
- PART 3
- Regulation 9
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WarrantE+W+S
This section has no associated Explanatory Memorandum
9.—(1) If a justice of the peace, on sworn information in writing, or in Scotland by evidence on oath, F1... is satisfied—
(a)that there are reasonable grounds to enter any premises for the purposes of executing or enforcing the [F2retained EU Regulations] [F3, the 1416/2006 prohibition] or these Regulations; and
(b)that any of the conditions in paragraph (2) are met,
the justice may by signed warrant authorise [F4an authorised officer] to enter the premises, if need be by reasonable force.
(2) The conditions are that—
(a)admission to the premises has been refused, or a refusal is expected, and (in either case) notice of the intention to apply for a warrant has been given to the occupier;
(b)asking for admission to the premises, or the giving of such notice, would defeat the object of the entry;
(c)entry is required urgently; or
(d)the premises are unoccupied or the occupier is temporarily absent.
(3) A warrant is valid for three months.
(4) An authorised officer entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.
[F5(5) In this regulation, in Scotland, a reference to a justice of the peace includes a sheriff.]
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F1Words in reg. 9(1) omitted (E.W.S.) (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 11(8)(a)
F2Words in Regulations substituted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 11(2)
F3Words in reg. 9(1)(a) inserted (30.12.2020) by The Spirit Drinks, Wine and European Union Withdrawal (Consequential Modifications) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1636), regs. 1(2), 3(7)
F4Words in reg. 9(1) substituted (24.12.2012) by The Agriculture, Animals, Environment and Food etc. (Miscellaneous Amendments) Order 2012 (S.I. 2012/2897), arts. 1(1), 46(b)
F5Reg. 9(5) substituted (E.W.S.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 11(8)(b)
WarrantN.I.
9.—(1) If a [F6lay magistrate] on a sworn complaint in writing, is satisfied—
(a)that there are reasonable grounds to enter any premises for the purposes of executing or enforcing the European Regulations [F7, the 1416/2006 prohibition] or these Regulations; and
(b)that any of the conditions in paragraph (2) are met,
the [F8magistrate] may by signed warrant authorise [F9an authorised officer] to enter the premises, if need be by reasonable force.
(2) The conditions are that—
(a)admission to the premises has been refused, or a refusal is expected, and (in either case) notice of the intention to apply for a warrant has been given to the occupier;
(b)asking for admission to the premises, or the giving of such notice, would defeat the object of the entry;
(c)entry is required urgently; or
(d)the premises are unoccupied or the occupier is temporarily absent.
(3) A warrant is valid for three months.
(4) An authorised officer entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.
F10(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F6Words in reg. 9(1) substituted (N.I.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 14(8)(a)(i)
F7Words in reg. 9(1)(a) inserted (30.12.2020) by The Spirit Drinks, Wine and European Union Withdrawal (Consequential Modifications) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1636), regs. 1(2), 3(7)
F8Word in reg. 9(1) substituted (N.I.) (31.12.2020) by The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 14(8)(a)(ii)
F9Words in reg. 9(1) substituted (24.12.2012) by The Agriculture, Animals, Environment and Food etc. (Miscellaneous Amendments) Order 2012 (S.I. 2012/2897), arts. 1(1), 46(b)
F10Reg. 9(5) omitted (N.I.) (31.12.2020) by virtue of The Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1637), regs. 1(7), 14(8)(b)
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