Health Act 2007

74.

Requirement for occupier’s consent or District Court warrant to enter dwelling.

74.— (1) In this section “dwelling” includes any part of a designated centre occupied as a private residence by the registered provider of the designated centre or by a member of the staff of the registered provider.

(2) Notwithstanding section 73, an authorised person or the chief inspector, in the performance of functions under that section, may not enter a dwelling other than—

(a) with the consent of the occupier, or

(b) in accordance with a warrant from the District Court issued under section 75(2) authorising the entry.

Annotations:

Amendments:

F87

Substituted by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 71, not commenced as of date of revision.

Modifications (not altering text):

C23

Prospective affecting provision: subs. (1) substituted by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 71, not commenced as of date of revision.

74.— F87[(1) In this section, dwelling includes—

(a) any part of a designated centre occupied as a private residence by the registered provider of the designated centre or by a member of the staff of the registered provider, and

(b) any part of the premises of a person carrying on the business of providing a prescribed private health service occupied as a private residence by that person or by a member of the staff of that person.]