114Consent to entry

114 Consent to entry (1) When seeking the consent of an occupier of premises to enter premises under section 112 (1) (d), an inspector must— (a) produce the inspector’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 a court or tribunal; and (iii) that consent may be refused. (2) If the occupier consents, the inspector must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)— (a) that the occupier was told— (i) that anything found and seized under this part may be used in evidence in court; and (ii) 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 inspector 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 inspector 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.