SCHEDULE Enforcement

PART 1 Investigatory powers

4 Power of entry with warrant
(1) If a justice is satisfied by any written information on oath—
(a) that there are reasonable grounds for believing—
(i) that any relevant equipment or records or other information, which the enforcement authority has power under paragraph 5 to inspect, copy, seize or require to be produced, is or are on any premises or land and that the inspection, copying, seizure or production of that item is likely to disclose evidence of a breach of regulation 5, 6, 7, 8, 9, 10 or 11; or
(ii) that there has been or is about to be, a breach of regulation 5, 6, 7, 8, 9, 10 or 11; and
(b) either—
(i) that admission to the premises or land has been or is likely to be refused and that notice of intention to apply for a warrant under this paragraph has been given to the occupier;
(ii) that an application for admission or the giving of such notice, would defeat the object of the entry; or
(iii) that the premises or land are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await the occupier’s return;
the justice may by warrant under the justice’s hand, which continues in force for a period of one month, authorise the enforcement authority to enter the premises or land, if need be by force.
(2) On entering any premises or land by authority of a warrant under sub-paragraph (1), the enforcement authority must give to the occupier, or if there is more than one occupier, to at least one of them, or, if the occupier is temporarily absent, leave in a prominent place on the premises or land, or an appropriate part of the premises or land, a notice in writing—
(a) summarising the enforcement authority’s powers of seizure and detention of any relevant equipment or records or other information under paragraph 5; and
(b) explaining that compensation may be payable for damage caused in entering premises or land and seizing and removing any relevant equipment or records or other information and giving the address to which an application for compensation should be directed.
(3) The enforcement authority, when entering any premises or land by virtue of this paragraph may be accompanied by such persons and take such equipment as appear to the enforcement authority to be necessary.
(4) The enforcement authority, when leaving any premises or land which the enforcement authority entered by virtue of a warrant, must, if the premises or land are unoccupied or the occupier is temporarily absent, leave them in as secure a state as that in which they were found.
(5) In this paragraph, “justice” means—
(a) in England and Wales, a justice of the peace;
(b) in Scotland, a sheriff or summary sheriff; and
(c) in Northern Ireland, a lay magistrate.