PART 9 General powers of plant health inspectors, enforcement, recovery of expenses and appeals

Right of entry conferred by a warrant issued by a lay magistrate

29.—(1) A lay magistrate may by signed warrant permit a plant health inspector to enter premises under regulation 16(1), 28(1) or 31(1), if necessary by reasonable force, if the lay magistrate, on sworn information in writing, is satisfied that—

(a) there are reasonable grounds to enter those premises; and

(b) any of the conditions in paragraph (2) are met.

(2) The conditions are that—

(a) entry to the premises has been, or is likely to be, refused and notice of the intention to apply for a warrant has been given to the occupier;

(b) asking for admission to the premises, or giving notice of the intention to apply for a warrant, would defeat the object of the entry;

(c) entry is required urgently;

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

(3) A warrant is valid for one month.

(4) A plant health inspector who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.