21Warrant to enter land if cable works unsafe

21 Warrant to enter land if cable works unsafe

(1)  After leaving land as required by section 20 , an authorised officer may apply to a justice for a warrant to enter and remain on the land if he or she considers that due to cable work already done there is a risk to the safety of any person or any property or to the supply of broadband telecommunications services to other premises.

(2)  On the application of an authorised officer under subsection (1) , a justice may issue a warrant if satisfied that –

(a) an authorised officer is authorised by or under this Act to enter and remain on the land specified in the application; and

(b) an authorised officer has been refused or obstructed by the occupier or another person in so entering or remaining on that land; and

(c) there are reasonable grounds for the authorised officer to believe that due to cable work already done there is a risk to the safety of any person or any property or to the supply of broadband telecommunications services to other premises.

(3)  A warrant authorises the authorised officer named in the warrant or any authorised officer, as specified in the warrant –

(a) to enter and remain on the land specified in the warrant, using such force as is reasonable in the circumstances; and

(b) to carry out such cable work on that land as is necessary for ensuring the safety of persons and property and the supply of broadband telecommunications services to other premises; and

(c) to exercise on that land and for that purpose any other power an authorised officer is entitled to exercise on land entered under the authority of this Act.

(4)  A warrant –

(a) is to specify the date on which it ceases to have effect; and

(b) may contain conditions to which its authority is subject.

(5)  On issuing a warrant, the justice is to record, or cause a record to be made of, all relevant particulars of the warrant.

(6)  A warrant is not invalidated by any defect other than a defect that affects the warrant's substance in a material particular.