Explanatory Notes

Immigration and Asylum Act 1999

1999 CHAPTER 33

11 November 1999

Commentary on Sections

Schedule 9

Section 125: Entry of premises

356.This section provides that a person acting on behalf of the Secretary of State may make application to a justice of the peace for a warrant to enter premises being used to provide accommodation under sections 95 or 98. Where the justice of the peace is satisfied that there is reason to believe that the supported person or any dependants of his are not resident there, or that someone other than the supported person and his dependants is living there, or that the premises are being used for a purpose other than the accommodation of the supported person or his dependants, he may grant the warrant.

357.Subsection (3) provides that, once issued, the warrant may be executed at any reasonable time and using reasonable force. In Scotland, a sheriff may exercise the power in addition to a justice of the peace.