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Medical Act 1983
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Changes over time for: Paragraph 5B
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Medical Act 1983, Paragraph 5B is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F15B(1)A justice of the peace (including, in Scotland, a sheriff) may issue a warrant under this paragraph if satisfied by the evidence on oath of at least two members of an Assessment Team [F2or an individual assessor] that there are reasonable grounds for suspecting that the team [F3or assessor] will require a warrant for the purposes of carrying out an assessment required by virtue of rules made under paragraph 5A above.U.K.
(2)A warrant under this paragraph shall authorise one or more members of the Assessment Team (who must, if so required, produce documents identifying themselves)[F4, or (as the case may be) an individual assessor (who must, if so required, produce documents identifying himself),] together with any constables—
(a)to enter any building specified in the warrant, but not a dwelling-house, using such force as is reasonably necessary for the purpose; and
(b)to search the premises for the purposes of the exercise of the powers under paragraph 5A(6) above.
(3)A warrant under this paragraph shall continue in force until the end of the period of 21 days beginning with the day on which it is issued.
(4)A person who intentionally obstructs the exercise of any rights conferred by a warrant issued under this paragraph shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.]
Textual Amendments
F1Sch. 4 substituted (7.7.2004 for the substitution of Sch. 4 para. 5A(2) for specified purposes and paras. 1, 5A(1)(3)(3A)(9), 6, 7(3)(4)(6) as notified in the London Gazette dated 2.7.2004, 1.11.2004 in so far as not already in force as notified in the London Gazette dated 8.10.2004) by The Medical Act 1983 (Amendment) Order 2002 (S.I. 2002/3135), arts. 1(2)(3), 14 (with Sch. 2 and savings in The Medical Act 1983 (Amendment) Order 2002 (Saving Provision) Order of Council 2004 (S.I. 2004/1731), arts. 1(1), 2)
F2Words in Sch. 4 para. 5B(1) inserted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794), arts. 1(3), 10(11)(a); S.I. 2015/1952, art. 2(g)
F3Words in Sch. 4 para. 5B(1) inserted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794), arts. 1(3), 10(11)(b); S.I. 2015/1952, art. 2(g)
F4Words in Sch. 4 para. 5B(2) inserted (31.12.2015) by The General Medical Council (Fitness to Practise and Over-arching Objective) and the Professional Standards Authority for Health and Social Care (References to Court) Order 2015 (S.I. 2015/794), arts. 1(3), 10(12); S.I. 2015/1952, art. 2(g)
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