41.—(1) A judge may issue a warrant in relation to any premises for the purpose of article 40(1)(a) where satisfied that—
(a)there are reasonable grounds for the exercise of the power in that sub-paragraph; and
(b)one or more of the conditions in paragraph (2) are fulfilled in relation to the premises.
(2) The conditions referred to in paragraph (1)(b) are that—
(a)the exercise of the power by consent in relation to the premises has been refused;
(b)a refusal of consent to the exercise of the power is reasonably expected;
(c)the premises are unoccupied;
(d)the occupier is temporarily absent from the premises and the case is one of urgency; or
(e)a request for admission to the premises would defeat the purpose of the entry.
(3) A warrant in accordance with this article continues to have effect until the purpose for which it was issued has been fulfilled.
(4) In paragraph (1), “judge” means—
(a)in England or Wales, a justice of the peace;
(b)in Northern Ireland, a lay magistrate;
(c)in Scotland, a justice of the peace or sheriff.
Commencement Information
I1Art. 41 in force at 12.11.2020, see art. 2(1)