PART 4Enforcement

Enforcement powers

Power of entry in respect of managed isolation22

1

A constable may enter premises in order—

a

to search for a person who is suspected of committing an offence of contravening the requirement in paragraph 8 of Schedule 7,

b

to remove a person of the description in sub-paragraph (a) to accommodation designated by the Department for the purposes of Schedule 7.

2

The power in paragraph (1) is exercisable if the constable—

a

has reasonable grounds to believe that a person of the description in paragraph (1)(a) is in or on the premises, and

b

has a reasonable belief that it is necessary and proportionate to enter the premises for the purposes specified in paragraph (1)(b).

3

But the power in paragraph (1) does not authorise entry to any part of the premises which is used as a private dwelling, unless a magistrates' court has issued a warrant authorising this under paragraph (6).

4

A constable exercising the power in paragraph (1) or executing a warrant under paragraph (6)—

a

may use reasonable force if necessary, and

b

may be accompanied by a community support officer (within the meaning of the Police (Northern Ireland) Act 2003 M1).

5

A constable exercising the power in paragraph (1) or executing a warrant under paragraph (6)—

a

if asked by a person on the premises, must show evidence of the constable's identity and outline the purpose for which the power is being exercised, and

b

if the premises are unoccupied or the occupier is temporarily absent, must leave the premises as effectively secured against unauthorised entry as when the constable found them.

6

If it is shown to the satisfaction of a magistrates' court on sworn information in writing that—

a

there are reasonable grounds to believe that a person of the description in paragraph (1)(a) is in or on the premises, and

b

it is necessary and proportionate to enter the premises for the purposes specified in paragraph (1)(b),

then the court may by signed warrant authorise a constable to enter the premises.

7

In this regulation, “premises” includes any building or structure and any land.