Clean Neighbourhoods and Environment Act 2005
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Change 1
78 Warrant to enter premises by force
(1) This section applies if, on an application made by an authorised officer of a local authority, a justice of the peace is satisfied— (a) that the conditions in section 77(2)(a) and (b) are met in relation to an audible intruder alarm installed in or on premises in the area of the local authority, (b) if the premises are in an alarm notification area, that the condition in section 77(2)(c) is met, and (c) that the officer is unable to gain entry to the premises without the use of force. (2) The justice of the peace may issue a warrant authorising the officer to enter the premises, using reasonable force if necessary, for the purpose of silencing the alarm. (3) Before applying for a warrant under this section, the officer must leave a notice at the premises stating— (a) that the officer is satisfied that the sounding of the alarm is likely to give persons living or working in the vicinity of the premises reasonable cause for annoyance, and (b) that an application is to be made for a warrant authorising the officer to enter the premises, using reasonable force if necessary, for the purpose of silencing the alarm. (4) The officer must, if required, show evidence of a warrant issued under this section. (5) “Authorised officer” has the meaning given in section 77.
78 Warrant to enter premises by force
(1) This section applies if, on an application made by an authorised officer of a local authority, a justice of the peace is satisfied— (a) that the conditions in section 77(2)(a) and (b) are met in relation to an audible intruder alarm installed in or on premises in the area of the local authority, (b) if the premises are in an alarm notification area, that the condition in section 77(2)(c) is met, and (c) that the officer is unable to gain entry to the premises without the use of force. (2) The justice of the peace may issue a warrant authorising the officer to enter the premises, using reasonable force if necessary, for the purpose of silencing the alarm. (3) Before applying for a warrant under this section, the officer must leave a notice at the premises stating— (a) that the officer is satisfied that the sounding of the alarm is likely to give persons living or working in the vicinity of the premises reasonable cause for annoyance, and (b) that an application is to be made for a warrant authorising the officer to enter the premises, using reasonable force if necessary, for the purpose of silencing the alarm. (4) The officer must, if required, show evidence of a warrant issued under this section. (5) “Authorised officer” has the meaning given in section 77.
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