Air-Raid Precautions Act, 1939

Power of officers of local authorities to enter premises.

33.—(1) Any person duly authorised by a local authority shall, on producing some duly authenticated document showing his authority, have a right to enter any premises at all reasonable hours for the purpose of—

(a) ascertaining whether there is or has been, on or in connection with the premises, any contravention of or failure to comply with the provisions of this Part of this Act;

(b) ascertaining whether or not circumstances exist which would authorise or require any action to be taken by such local authority under this Part of this Act;

(c) otherwise facilitating the performance by the local authority of its functions under this Part of this Act.

(2) If it is shown to the satisfaction of a justice of the District Court on sworn information in writing—

(a) that admission to any premises has been refused, or that refusal is apprehended, or that the premises are unoccupied or the occupier is temporarily absent, or that the case is one of urgency, or that an application for admission would defeat the object of the entry; and

(b) that there is reasonable ground for entry into the premises for any such purpose as is mentioned in sub-section (1) of this section.

such justice may by warrant under his hand authorise a local authority by any authorised officer of such local authority to enter the premises, if need be by force, but such warrant shall not be issued unless such justice is satisfied either that notice of the intention to apply for a warrant has been given to the occupier, or that the premises are unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency, or that the giving of such notice would defeat the object of the entry.

(3) An authorised officer of a local authority entering any premises by virtue of this section, or of a warrant issued thereunder, may take with him such other persons as may be necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectually secured against trespassers as he found them.

(4) Every warrant granted under this section shall continue in force until the purpose for which the entry is necessary has been satisfied.

(5) If any person who in compliance with the provisions of this section or of a warrant issued thereunder is admitted into a factory, workshop or workplace discloses to any person any information obtained by him in the factory, workshop or workplace with regard to any manufacturing process or trade secret, he shall, unless such disclosure was made in the performance of his duty, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five hundred pounds or at the discretion of the Court to imprisonment for a term not exceeding twelve months.

(6) If any person interferes with or obstructs an authorised officer of a local authority in the exercise of the powers conferred on such officer by this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Financial Provisions.