Legislation – Employment Rights Act 2025
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Schedule 8Warrants under Part 5: further provision
Part 1Application of this Schedule
1
This Schedule applies in relation to—
Part 2Warrants: applications and safeguards
Applications for warrants
2
(1)
Where an enforcement officer applies for a warrant, the officer must—
(a)
state the ground on which the application is made,
(b)
state the provision of this Act under which the warrant would be issued,
(c)
specify the premises which it is desired to enter, and
(d)
identify, so far as is practicable, the purpose for which entry is desired.
(2)
An application for a warrant must be made without notice and must be supported by an information in writing or, in Scotland, evidence on oath.
(3)
The officer must answer on oath any question that the justice hearing the application asks the officer.
Safeguards in connection with power of entry conferred by warrant
3
A warrant authorises an entry on one occasion only.
4
(1)
A warrant must specify—
(a)
the name of the person who applies for it,
(b)
the date on which it is issued,
(c)
the provision of this Act under which it is issued, and
(d)
the premises to be entered.
(2)
A warrant must identify, so far as is practicable, the purpose for which entry is desired.
5
(1)
Two copies are to be made of a warrant.
(2)
In the case of a warrant issued in electronic form, the copies must be clearly marked as copies.
(3)
In the case of a warrant issued otherwise than in electronic form, the copies must be clearly certified as copies.
Part 3Execution of warrants
Warrant to be executed within three months
6
Execution of a warrant must be within three months from the date of its issue.
Time of entry
7
Execution of a warrant must be at a reasonable time, unless it appears to the officer executing it that there are grounds for suspecting that the purpose of entering the premises may be frustrated if the officer seeks to enter at a reasonable time.
Evidence of authority etc
8
(1)
Where the occupier of premises to be entered under a warrant is present at the time when an enforcement officer seeks to execute the warrant, the following requirements must be satisfied—
(a)
the officer must produce to the occupier documentary evidence of the fact that the officer is an enforcement officer;
(b)
if the officer is asked for it, the occupier must be told the officer’s name;
(c)
the officer must produce the warrant to the occupier;
(d)
the officer must supply the occupier with a copy of the warrant that is marked or certified as a copy in accordance with paragraph 5.
(2)
Where—
(a)
the occupier of premises to be entered under a warrant is not present when an enforcement officer seeks to execute it, but
(b)
some other person who appears to the officer to be in charge of the premises is present,
sub-paragraph (1) has effect as if any reference to the occupier were a reference to that other person.
(3)
If there is no person present who appears to the enforcement officer to be in charge of the premises, the officer must leave a copy of the warrant, marked or certified as a copy in accordance with paragraph 5, in a prominent place on the premises.
Securing premises after entry
9
An enforcement officer who enters premises under a warrant must take reasonable steps to ensure that when the officer leaves the premises they are as secure as they were before the officer entered.
Return and retention of warrants
10
(1)
A warrant which—
(a)
has been executed, or
(b)
has not been executed within the time authorised for its execution,
must be returned to the appropriate person.
(2)
For the purposes of sub-paragraph (1) the appropriate person is—
(a)
in the case of a warrant issued in England and Wales, the designated officer for the local justice area in which the justice was acting when the warrant was issued;
(b)
in the case of a warrant issued in Scotland by a justice of the peace, the clerk of the justice of the peace court in the sheriffdom for which the justice of the peace was appointed;
(c)
in the case of a warrant issued in Scotland by a sheriff or a summary sheriff, the sheriff clerk;
(d)
in the case of a warrant issued in Northern Ireland, the clerk of petty sessions.
(3)
A warrant that is returned under this paragraph must be retained by the person to whom it is returned for a period of 12 months.
(4)
If during that period the occupier of the premises to which the warrant relates asks to inspect it, the occupier must be allowed to do so.