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Fines and Penalties (Recovery) Act 2001
71Power of entry to execute property seizure order
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71 Power of entry to execute property seizure order
(1) A bailiff executing a property seizure order may, at any reasonable
time of the day or night, enter and remain on any premises for the
purposes of executing the order.
Fines and Penalties (Recovery) Act 2001 45
(2) Subsection (1) does not authorise the bailiff to enter a part of
premises used only for residential purposes by a person who is not
the fine defaulter (whether or not the fine defaulter also resides at
the premises) without the permission of the occupier or the
authority of a search warrant under this section.
(3) The bailiff may apply to a justice of the peace for the issue of a
search warrant if he or she believes on reasonable grounds that
there may be property liable to seizure under the property seizure
order in any premises.
(4) A justice of the peace to whom an application is made under
subsection (3) may, if satisfied that there are reasonable grounds
for doing so, issue a search warrant authorising the bailiff who is
executing the property seizure order to enter the premises and
seize property in the premises in accordance with that or any other
property seizure order against the same fine defaulter.
(5) A member of the Police Force:
(a) may accompany a bailiff executing a property seizure order or
search warrant; and
(b) may take all reasonable steps to assist the bailiff in the
exercise of the bailiff's functions under this section.
(6) This section does not authorise a bailiff to seize property under a
warrant of execution or order (other than a property seizure order)
while the bailiff is on premises in pursuance only of the authority
conferred by this section.
(7) In this section:
premises includes any structure, building, aircraft, vehicle, vessel
or place (whether built on or not).