Environment Act 2021

6 (1) Schedule 18 (supplemental provision about powers of entry) is amended as follows.

(2) In paragraph 2—

(a) after sub-paragraph (2) insert—

“(2A) A justice of the peace may by warrant authorise an English or Welsh authorised person, designated for the purpose by the person who authorised them, to exercise the powers in section 108(4)(ka) in accordance with the warrant and, if need be, by force.

(2B) The justice may do so only if satisfied that there are reasonable grounds for believing that—

(a) there is material on or accessible from the premises in question which is likely to be of substantial value (by itself or together with other material) to an examination or investigation under section 108(4)(c), and

(b) it is impracticable to communicate with a person entitled to grant access to it, or access to it is unlikely to be granted unless a warrant is produced.”;

(b) omit sub-paragraph (3).

(3) In paragraph 3 after “shall” insert “, if so required,”.

Commencement Information

I1 Sch. 10 para. 6 in force at 9.1.2022, see s. 147(2)(h)