37.—(1) An inspector may, on producing, if so required, some duly authenticated document showing the inspector’s authority, enter any premises at any reasonable time for the purposes of Directive 2006/88 and, in particular, for the purposes of—
(a)administering and enforcing these Regulations;
(b)monitoring or surveillance for disease.
(2) An inspector may be accompanied by—
(a)such persons, vehicles, equipment or materials as the inspector considers necessary;
(b)any representative of the European Commission acting for the purposes of Directive 2006/88.
(3) An inspector may not enter any premises used wholly or mainly for residential purposes unless a lay magistrate has issued a warrant authorising the inspector to do so.
(4) If a lay magistrate, on sworn complaint in writing, is satisfied—
(a)that there is reasonable ground for entry onto any premises for any of the purposes mentioned in paragraph (1); and
(b)that any one or more of the conditions in paragraph (5) is fulfilled in relation to the premises,
the lay magistrate may issue a warrant authorising the inspector to enter the premises, if need be by reasonable force.
(5) The conditions are—
(a)that admission to the premises has been refused;
(b)that such refusal is apprehended;
(c)that the premises are unoccupied or the occupier is temporarily absent;
(d)that the case is one of urgency;
(e)that an application for admission would defeat the object of the entry;
(f)that the premises are used wholly or mainly for residential purposes.
(6) A warrant issued under paragraph (4) shall continue in force—
(a)for one month; or
(b)until the purpose for which it was issued has been fulfilled,
whichever is the sooner.
(7) If an inspector enters any unoccupied premises by virtue of a warrant the inspector shall leave them as effectively secured against unauthorised entry as the inspector found them.
Commencement Information
I1Reg. 37 in operation at 27.3.2009, see reg. 1(1)