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The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985

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Power to enter premisesN.I.

16.—(1) Subject to paragraph (2), an authorised officer of a council may enter any premises in the council's district if he has reason to suspect that an offence under Article 15 is being committed there.

(2) The power conferred by this Article may be exercised by an authorised officer of a council only if he has been granted a warrant by a justice of the peace.

(3) A justice may grant a warrant under this Article only if he is satisfied—

(a)that admission to any premises has been refused, or that refusal is apprehended, or that the case is one of urgency, or that an application for admission would defeat the object of the entry; and

(b)that there is reasonable ground for entry under this Article.

(4) A warrant shall not be granted unless the justice is satisfied either that notice of the intention to apply for a warrant has been given to the occupier, or that the case is one of urgency, or that the giving of such notice would defeat the object of the entry.

(5) A warrant shall continue in force—

(a)for seven days; or

(b)until the power conferred by this Article has been exercised in accordance with the warrant,

whichever period is the shorter.

(6) Where an authorised officer of a council exercises the power conferred by this Article, he shall produce his authority if required to do so by the occupier of the premises.

(7) Any person who without reasonable excuse refuses to permit an authorised officer of a council to exercise the power conferred by this Article shall be guilty of an offence and shall for every such refusal be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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