Requirements for issuing of warrant

Requirements for issuing of warrant

83. (1) A judge or magistrate must not issue a warrant under section 82 unless satisfied
that—
(a) the Regulator has given seven days’ notice in writing to the occupier of the premises in question demanding access to the premises;
(b) either—
(i) access was demanded at a reasonable hour and was unreasonably refused; or
(ii) although entry to the premises was granted, the occupier unreasonably refused to comply with a request by any of the Regulator’s members or staff to permit the members or the members of staff to do any of the things referred to in section 82(2); and
(c) that the occupier, has, after the refusal, been notified by the Regulator of the application for the warrant and has had an opportunity of being heard on the question of whether the warrant should be issued.

(2) Subsection (1) does not apply if the judge or magistrate is satisfied that the case is one of urgency or that compliance with that subsection would defeat the object of the entry.

(3) A judge or magistrate who issues a warrant under section 82 must also issue two copies of it and certify them clearly as copies.

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