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s 13CB

Consent to entry

In force
Part 3Administration and enforcement

13CB Consent to entry

(1)

When seeking consent to entry under section 13C (1) (c) (Powers of authorised officer to enter premises), an authorised officer must—

(a)

produce the officer’s identity card; and

(b)

tell the occupier—

(i)

the purpose of the entry; and

(ii)

that anything found under this part may be used as evidence in court; and

(iii)

that consent may be refused.

(2)

If the occupier consents, the authorised officer must ask the occupier to sign a written acknowledgment of consent stating—

(a)

that the occupier was told—

(i)

the purpose of the entry; and

(ii)

that anything found under this part may be used as evidence in court; and

(iii)

that consent may be refused; and

(b)

that the occupier consented to the entry; and

(c)

the time and date consent was given.

(3)

If the occupier signs an acknowledgment of consent, the authorised officer must immediately give a copy to the occupier.

(4)

A court must find that an occupier did not consent if—

(a)

a question arises in a proceeding before the court about whether the occupier consented to the authorised officer entering the premises under this part; and

(b)

an acknowledgment of consent is not produced in evidence; and

(c)

it is not proved that the occupier consented to the entry.

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