Page:The Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 2018 (UKSI 2018-321 qp).pdf/6

 :(a) entry to the dwelling has been, or is likely to be, refused and notice of the intention to apply for a warrant has been served on the occupier;
 * (b) asking for consent to enter and inspect the dwelling would undermine the safety investigation;
 * (c) entry to the dwelling is required urgently;
 * (d) the dwelling is unoccupied or the occupier is temporarily absent.

(4) A warrant may authorise a maximum of two Investigating Inspectors to enter and inspect a dwelling.

(5) A warrant is valid for one month beginning on the date of its issue.

(6) Where an Investigating Inspector exercises the power conferred by paragraph (1), that Inspector may—
 * (a) search the land or premises for any item;
 * (b) examine anything that is on the land or premises;
 * (c) require any person to produce any document or record that is in that person’s possession or control;
 * (d) seize, detain or remove any item that is on the land or premises and any document or record that has been produced in accordance with sub-paragraph (c); and
 * (e) take copies of or extracts from any document or record found on the land or premises.

(7) Any item, document or record seized by an Investigating Inspector may be retained until the completion of the safety investigation.

(8) In this regulation—

“dwelling” means any premises wholly or mainly used as a place of residence or abode (including any garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling); and

“a justice” means—
 * (a) in England and Wales, a justice of the peace;
 * (b) in Scotland, a sheriff or a summary sheriff; and
 * (c) in Northern Ireland, a lay magistrate.

Release of evidence to owner

15.—(1) This regulation applies where an aircraft, its contents or wreckage (“property”) is held by the Air Accidents Investigation Branch in a hangar, or in any other facility which is being used by the Branch, for the purposes of a safety investigation.

(2) Subject to paragraph (5), where any such property is no longer required for the purposes of the safety investigation the Chief Inspector must inform the owner of the property, by serving a notice in writing, that it will be released to the owner at the place and date specified in the notice and in accordance with any other arrangements that are specified in the notice.

(3) An owner on whom such a notice is served must collect the property in accordance with the arrangements specified in the notice (or in accordance with any alternative arrangements that the owner agrees in writing with the Chief Inspector), failing which—
 * (a) the Chief Inspector may make arrangements for the destruction or disposal of the property; and
 * (b) the reasonable costs of such destruction or disposal will be recoverable from the owner as a debt due to the Secretary of State.

(4) A notice served pursuant to paragraph (2)—
 * (a) must not specify a date for collection of the property earlier than one month beginning with the date on which the notice was served; and

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