Prospective

Schedules

extent U.K. + Schedule 3U.K.Investigatory powers

extent U.K. + Conditions for issue of warrant to enter premisesU.K.

schedule 3 paragraph 5 1 + schedule 3 paragraph 5 + schedule 3 paragraph 5 + 5(1)A justice may issue a warrant in respect of premises if satisfied on an application made by an authorised inspector that—

schedule 3 paragraph 5 1 a + (a)the premises are in the United Kingdom,

schedule 3 paragraph 5 1 b + (b)the premises are not used wholly or mainly as a private dwelling,

schedule 3 paragraph 5 1 c + (c)it is necessary for an authorised inspector to enter the premises for the purposes of a terrorism protection investigation, and

schedule 3 paragraph 5 1 d + (d)one or more of the conditions in sub-paragraph (2) are met in relation to the premises.

schedule 3 paragraph 5 2 + (2)The conditions are that—

schedule 3 paragraph 5 2 a + (a)the premises are not qualifying premises or premises at which a qualifying event is to be held, is being held or has been held;

schedule 3 paragraph 5 2 b + (b)the premises are qualifying premises or premises at which a qualifying event is to be held, is being held or has been held and an inspection without a warrant has been frustrated;

schedule 3 paragraph 5 2 c + (c)giving notice to enter the premises would defeat the object of entry;

schedule 3 paragraph 5 2 d + (d)an authorised inspector requires access to the premises urgently.

schedule 3 paragraph 5 3 + (3)For the purposes of sub-paragraph (2)(b), an inspection of premises without a warrant has been frustrated if—

schedule 3 paragraph 5 3 a + (a)an authorised inspector has given notice of the proposal to enter the premises under the power under paragraph 4, as required by paragraph 4(3), and

schedule 3 paragraph 5 3 b + (b)access has been denied or an authorised inspector has been prevented from doing any other thing mentioned in paragraph 4(1).

schedule 3 paragraph 5 4 + (4)term justice + In this paragraph “justice” means—

schedule 3 paragraph 5 4 a + (a)in England and Wales, a justice of the peace;

schedule 3 paragraph 5 4 b + (b)in Scotland, a sheriff or summary sheriff;

schedule 3 paragraph 5 4 c + (c)in Northern Ireland, a lay magistrate.