Water Industry Act 1991

Warrant to exercise right or power E+W

7 (1) If it is shown to the satisfaction of a justice of the peace on sworn information in writing— E+W

(a) that there are reasonable grounds for the exercise in relation to any premises of a right or power to which this Part of this Schedule applies; and

(b) that one or more of the conditions specified in sub-paragraph (2) below is fulfilled in relation to those premises,

the justice may by warrant authorise the relevant authority to designate a person who shall be authorised to exercise the right or power in relation to those premises in accordance with the warrant and, if need be, by force.

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

(a) that the exercise of the right or power in relation to the premises has been refused;

(b) that such a refusal is reasonably apprehended;

(c) that the premises are unoccupied;

(d) that the occupier is temporarily absent from the premises;

(e) that the case is one of urgency; or

(f) that an application for admission to the premises would defeat the object of the proposed entry.

(3) A justice of the peace shall not issue a warrant under this Part of this Schedule by virtue only of being satisfied that the exercise of a right or power in relation to any premises has been refused, or that a refusal is reasonably apprehended, unless he is also satisfied—

(a) that notice of the intention to apply for the warrant has been given to the occupier of the premises; or

(b) that the giving of such a notice would defeat the object of the proposed entry.

(4) For the purposes of the application of this Part of this Schedule to the rights and powers conferred by section 169 of this Act in a case to which subsection (4) of that section applies, a justice of the peace shall not issue a warrant under this Part of this Schedule unless he is satisfied that the Secretary of State has given his authorisation for the purposes of that subsection in relation to that case.

(5) Every warrant under this Part of this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.

Modifications etc. (not altering text)

C1 Sch. 6 paras. 7-10 applied (23.12.2003) by The United Utilities Water plc (Ullswater) (Drought) Order 2003 (S.I. 2003/3341), {art. 2}

C2 Sch. 6 Pt. II para. 7 applied (temp. from 3.10.1995 to 29.2.1996) by S.I. 1995/2585, art. 2(1)(5)

Sch. 6 Pt. II para. 7 applied (6.12.1995) by S.I. 1995/3179, art. 2(5)

Sch. 6 Pt. II para. 7 applied (17.2.1996) by S.I. 1996/367, art. 2(4)

Sch. 6 Pt. II para. 7 applied (temp. from 4.4.1996 to 3.10.1996) by S.I. 1996/1079, art. 2(5)