SCHEDULE 8N.I.SUPPLEMENTAL PROVISIONS WITH REGARD TO POWERS OF ENTRY

Issue of warrantsN.I.

1.—(1) If it is shown to the satisfaction of a [F1lay magistrate] on complaint on oath—

(a)that there are reasonable grounds for the exercise in relation to any premises of a relevant power conferred by regulation 35; and

(b)that one or more of the conditions specified in sub-paragraph (2) is fulfilled in relation to those premises,

[F2the lay magistrate] may by warrant authorise an authorised person to exercise the power in relation to those premises, in accordance with the warrant and, if need be, by force.

(2) The conditions mentioned in sub-paragraph (1)(b) are—

(a)that the exercise of the power in relation to the premises has been refused;

(b)that such a refusal is reasonably apprehended;

(c)that the premises are unoccupied;

(d)that the occupier is temporarily absent from the premises and the case is one of urgency; or

(e)that an application for admission to the premises would defeat the object of the proposed entry.

(3) In a case where paragraph (3) of regulation 35, applies, a [F3lay magistrate] shall not issue a warrant under this Schedule by virtue only of being satisfied that the exercise of a power in relation to any premises has been refused, or that a refusal is reasonably apprehended; unless he is also satisfied that the notice required by that paragraph has been given and that the period of that notice has expired.

(4) Every warrant under this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.

Textual Amendments

Commencement Information

I1Sch. 8 para. 1 in operation at 5.4.2007, see reg. 1(1)