109APowers of entry with warrant

109A Powers of entry with warrant

(1) An inspector may apply to a magistrate for the issue of a search warrant in relation to—

(a) a specified dwelling; or

(b) any other specified land, place, premises or vehicle to which the inspector has been, or is likely to be, refused admission.

(2) A magistrate to whom an application under subsection (1) is made, if satisfied by evidence on oath or by affirmation or affidavit that it is reasonably necessary that the inspector should have access to the dwelling, land, place, premises or vehicle concerned for the purpose of exercising the inspector's powers or performing the inspector's functions under this Act, may issue a search warrant in accordance with the Magistrates' Court Act 1989.

(3) A warrant under this section must specify a date not being later than one month from the date of issue upon which the warrant ceases to have effect.

(4) Before executing a search warrant, the inspector named in the warrant or a person assisting the inspector must announce that the inspector or person assisting is authorised by the warrant to enter the dwelling, land, place, premises or vehicle and give any person at the dwelling, land, place, premises or vehicle an opportunity to allow entry to the dwelling, land, place, premises or vehicle.

(5) The inspector or a person assisting the inspector need not comply with subsection (4) if the inspector or person assisting believes on reasonable grounds that immediate entry is required to ensure—

(a) the safety of any person; or

(b) the effective execution of the search warrant is not frustrated.

(6) If the occupier or another person who apparently represents the occupier is present when a search warrant is being executed, the inspector must—

(a) in the case of a police officer who is not in uniform, produce the police officer's identification for inspection; and

(b) in the case of an inspector who is not a police officer, produce the inspector's identity card for inspection; and

(c) give to that person a copy of the execution copy of the warrant.