10.—(1) A justice of the peace in England and Wales or a sheriff, summary sheriff or justice of the peace in Scotland, may issue a warrant permitting an authorised person to enter any premises if necessary by reasonable force, for the purpose of the enforcement of these Regulations or the Official Controls Regulations if satisfied that the authorised person has reasonable grounds for requiring entry and any of the conditions set out in paragraph (2) are satisfied.
(2) The conditions referred to in paragraph (1) are that—
(a)admission has been, or is likely to be, refused and (in either case) that notice of the application for a warrant has been given to the occupier;
(b)asking for admission, or the giving of such a notice, would defeat the object of the entry;
(c)the case is one of urgency; or
(d)the premises are unoccupied or the occupier is temporarily absent.
(3) Where an authorised person applies for a warrant under paragraph (1) the authorised person must state—
(a)the grounds upon which the application is made;
(b)that the warrant would be issued under this Regulation; and
(c)what is being sought.
(4) An application for a warrant under paragraph (1) must be supported by an information in writing, in England and Wales, or by evidence on oath in Scotland.
(5) An application for a warrant under paragraph (1), where the condition satisfied is set out in paragraph (2)(a) must be made on notice and, where the condition satisfied is set out in paragraph (2)(b), (c) or (d), may be made without notice.
(6) An authorised person must answer on oath any question that the justice of the peace, summary sheriff or sheriff hearing the application asks the authorised person.
(7) A warrant authorises entry on one occasion only.
(8) A warrant must specify—
(a)the name of the person who applies for it;
(b)the date on which it is issued;
(c)that it is issued under this regulation;
(d)the address of the premises to be entered; and
(e)identify, so far as it practicable, what is to be sought.
(9) The court must provide two copies of the warrant certified as such.
Commencement Information
I1Reg. 10 in force at 22.6.2020, see reg. 1(1)