Schedule 2: Authorised officers: investigatory powers Powers of Entry Effect
Paragraph 1 of this Schedule makes available to authorised officers (as defined and appointed under section 22) the power to enter non-domestic premises, with the support of relevant individuals (such as constables if there is a concern of obstruction) if necessary. Entry may be made only at a time that is reasonable – or at any time if the authorised officer suspects that a dangerous situation exists.
	Paragraph 2 allows a justice of the peace (magistrate) to issue a warrant for the entry of non-domestic premises where it is necessary that the authorised officer has the option of entering by force.
	Consistently with Part 3 of the Protection of Freedoms Act 2012, entry to premises that are wholly or mainly domestic in nature is only available either by consent or with prior judicial approval. As such, paragraph 3 of this Schedule allows a justice of the peace to issue a warrant for entry to domestic premises if they consider that it is necessary for an authorised officer to enter to fulfil a relevant purpose and if i) entry has been or is likely to be refused, ii) the occupier or any other person able to grant entry cannot be found or iii) requesting entry may frustrate or seriously prejudice the reason for entry. This warrant may, or may not, confer power to enter by force.
	Entry under any of these powers can be made for a "relevant purpose", which is defined in paragraph 7 of the Schedule as any relevant building function specified in the officer’s authorisation.
	When on non-domestic premises under these powers, the authorised officer can take samples (including from a suspect structure), measurements, and photographs to aid in their work – they can then take away those samples, e.g. for analysis. An authorised officer can also seize evidence of an offence under either the Building Act 1984 or this Act where there is a risk the evidence will not be accessible in the future. In relation to domestic premises, the authorised officer may exercise these powers if that is permitted by the warrant, which will be the case only if the justice of the peace issuing the warrant considers it necessary.