Prospective

Schedules

Schedule 3U.K.Investigatory powers

Conditions for issue of warrant to enter premisesU.K.

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

(a)the premises are in the United Kingdom,

(b)the premises are not used wholly or mainly as a private dwelling,

(c)it is necessary for an authorised inspector to enter the premises for the purposes of a terrorism protection investigation, and

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

(2)The conditions are that—

(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;

(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;

(c)giving notice to enter the premises would defeat the object of entry;

(d)an authorised inspector requires access to the premises urgently.

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

(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

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

(4)In this paragraph “justice” means—

(a)in England and Wales, a justice of the peace;

(b)in Scotland, a sheriff or summary sheriff;

(c)in Northern Ireland, a lay magistrate.