340Consent to entry

340 Consent to entry (1) When seeking the consent of an occupier of premises to enter premises under section 338 (1) (b), a conservation officer must— (a) produce the officer’s identity card; and (b) tell the occupier— (i) the purpose of the entry; and (ii) that anything found and seized under this part may be used in evidence in court; and (iii) that consent may be refused.

(2) If the occupier consents, the conservation officer must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)— (a) that the occupier was told— (i) the purpose of the entry; and (ii) that anything found and seized under this part may be used in evidence in court; and (iii) that consent may be refused; and (b) that the occupier consented to the entry; and (c) stating the time and date when consent was given. (3) If the occupier signs an acknowledgment of consent, the conservation officer must immediately give a copy to the occupier. (4) A court must find that the occupier did not consent to entry to the premises by the conservation officer under this part if— (a) the question arises in a proceeding in the court whether the occupier consented to the entry; and (b) an acknowledgment of consent is not produced in evidence; and (c) it is not proved that the occupier consented to the entry.