s.65Power of Magistrate, etc., to grant warrant
65
Section 65Part 16 — General Provisions

Power of Magistrate, etc., to grant warrant

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

If a Magistrate or a Justice of the Peace on sworn information in writing is satisfied that —
there is reasonable ground for entry into any premises or vessel for any purpose mentioned in section 64; and
admission to the premises or vessel has been refused or that refusal is apprehended or that an application for admission would defeat the purpose of the entry, or that the case is one of urgency or that the premises are unoccupied or that the occupier is temporarily absent,
the Magistrate or Justice of the Peace may, by warrant under that person's hand, authorise a Medical Officer of Health or an Environmental Health Officer to enter the premises, if need be by force.
Where a Medical Officer of Health or an Environmental Health Officer enters any premises or vessel under subsection (1) or a warrant issued hereunder, that person may take with that person such other persons as may be necessary, and, on leaving any unoccupied premises which that person has entered by virtue of such warrant, shall leave them as effectively secured against trespassers as that person found them.
Every warrant granted under this section shall continue in force for a period of one month.
Whoever refuses entry to, obstructs or hinders a Medical Officer of Health or an Environmental Health Officer or any other person empowered to enter premises by virtue of this section, or who fails or refuses to give information that person may lawfully be required to give to such officer or person, for the purpose of complying with any requirement under this Act, commits an offence:
however, that nothing herein shall make it an offence for the owner or occupier of any dwelling-house to refuse entry thereto to any person on whom a right to make such entry is conferred by this Act if such person is not either authorised in that behalf by a warrant issued under subsection (1) or, pursuant to subsection (2), accompanying a person so authorised.

Cross References