SCHEDULES
SCHEDULE 18 Supplemental provisions with respect to powers of entry
Issue of warrants
C12
1
If it is shown to the satisfaction of a justice of the peace or, in Scotland, the sheriff or a justice of the peace, on sworn information in writing—
a
that there are reasonable grounds for the exercise in relation to any premises of a relevant power; and
b
that one or more of the conditions specified in sub-paragraph (2) below is fulfilled in relation to those premises,
the justice or sheriff may by warrant authorise an enforcing authority to designate a person who shall be authorised to exercise the 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 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 and the case is one of urgency; or
e
that an application for admission to the premises would defeat the object of the proposed entry.
3
In a case where subsection (6) of section 108 of this Act applies, a justice of the peace or sheriff shall not issue a warrant under this Schedule by virtue only of being satisfied that the exercise of a power in relation to any premises has been refused, or that a refusal is reasonably apprehended, unless he is also satisfied that the notice required by that subsection has been given and that the period of that notice has expired.
4
Every warrant under this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.