SCHEDULES

SCHEDULE 6 SUPPLEMENTAL PROVISIONS RELATING TO RIGHTS OF ENTRY

Part I RIGHTS REQUIRING NOTICE FOR ENTRY TO NON-BUSINESS PREMISES

Warrants to exercise right

2

1

Subject to sub-paragraph (3) below, if it is shown to the satisfaction of a justice of the peace, on sworn information in writing—

a

that any one or more of the conditions specified in sub-paragraph (2) below is fulfilled in relation to any premises which a person is entitled to enter by virtue of a right of entry to which this Part of this Schedule applies; and

b

that there is reasonable ground for entry to the premises for any purpose for which the right is exercisable,

the justice may by a warrant under his hand authorise that person to enter the premises, if need be by force.

2

The conditions mentioned in sub-paragraph (1) above are—

a

that admission to the premises has been refused to the person having the right to enter them;

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.

3

A warrant under this Part of this Schedule shall not be issued by a justice of the peace in a case in which he is satisfied that the condition mentioned in paragraph (a) or (b) of sub-paragraph (2) above is fulfilled unless he is also satisfied—

a

that notice of the intention to apply for a warrant has been given to the occupier;

b

that a condition mentioned in either of paragraphs (c) and (d) of that sub-paragraph is also fulfilled in relation to the premises; or

c

that the giving of such notice as is mentioned in paragraph (a) above would defeat the object of the entry.

4

Every warrant under this Part of this Schedule shall continue in force until the purpose for which the entry is necessary has been fulfilled.

5

A person leaving any unoccupied premises which he has entered by virtue of a warrant under this Part of this Schedule shall leave them as effectually secured against trespassers as he found them.