SCHEDULE 5 Powers of Entry and Search etc

SCHEDULE 5 Powers of Entry and Search etc

Section 61

Power to issue search warrant

1

(1)     A justice of the peace who is satisfied that the requirements in sub-paragraph (3) are met in relation to relevant higher education premises may issue a warrant under this paragraph (a “search warrantâ€) in respect of the premises.

(2)     “Relevant higher education premises†means premises in England which—

(a)     are occupied by a supported higher education provider or a linked institution in relation to such a provider, and

(b)     are used for, or in connection with, the provision of higher education courses by such a provider,

but does not include premises which are used wholly or mainly as a private dwelling.

(3)     The requirements of this sub-paragraph are met in relation to premises occupied by a supported higher education provider or a linked institution in relation to such a provider if—

(a)     there are reasonable grounds for suspecting that there is, or has been, a breach of a registration condition or funding condition of the provider,

(b)     the suspected breach is sufficiently serious to justify entering the premises,

(c)     entry to the premises is necessary to determine whether the suspected

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