Monday, June 11, 2012

Section 22 – Enforcement: Power Of Entry.


London Olympic Games and Paralympic Games Act 2006

2006 CHAPTER 12

An Act to make provision in connection with the Olympic Games and Paralympic Games that are to take place in London in the year 2012; to amend the Olympic Symbol etc. (Protection) Act 1995; and for connected purposes.
[30th March 2006]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
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Section 22 – Enforcement: power of entry

(1) A constable or enforcement officer may—

(a) enter land or premises on which they reasonably believe a contravention of regulations under section 19 is occurring (whether by reason of advertising on that land or premises or by the use of that land or premises to cause an advertisement to appear elsewhere);

(b) remove, destroy, conceal or erase any infringing article;

(c) when entering land under paragraph (a), be accompanied by one or more persons for the purpose of taking action under paragraph (b);

(d) use, or authorise the use of, reasonable force for the purpose of taking action under this subsection.

(2) The power to enter land or premises may be exercised only at a time that a constable or enforcement officer thinks reasonable having regard to the nature and circumstances of the contravention of regulations under section 19.

(3) Before entering land or premises a constable or enforcement officer must take reasonable steps to—

(a) establish the identity of an owner, occupier or person responsible for the management of the land or premises or of any infringing article on the land or premises, and

(b)give any owner, occupier or responsible person identified under paragraph (a) such opportunity as seems reasonable to the constable or enforcement officer in the circumstances of the case to end the contravention of the regulations (whether by removing, destroying or concealing any infringing article or otherwise).

(4) The power to enter premises may be exercised in relation to a dwelling only in accordance with a warrant issued by a justice of the peace; and a justice of the peace may issue a warrant only if satisfied on the application of a constable or enforcement officer that—

(a) there are reasonable grounds to believe a contravention of regulations under section 19 is occurring in the dwelling or on land that can reasonably be entered only through the dwelling,

(b) the constable or enforcement officer has complied with subsection (3),

(c)the constable or enforcement officer has taken reasonable steps to give notice to persons likely to be interested of his intention to apply for a warrant, and

(d) that it is reasonable in the circumstances of the case to issue a warrant.

Source = http://www.legislation.gov.uk/ukpga/2006/12