Section 36 Visits: supplementary provisionsI1

(1)

A council officer may visit a place at reasonable times only.

(2)

A council officer must, while visiting any place—

(a)

state the object of the visit, and

(b)

produce evidence of the officer's authorisation to visit the place.

(3)

A council officer may, while visiting any place—

(a)

examine the place,

(b)

take into the place—

(i)

any other person, and

(ii)

any equipment,

as may be reasonably required in order to fulfil the object of the visit, and

(c)

do anything else (under this Part or otherwise) which is reasonably required in order to fulfil the object of the visit.

(4)

A council officer may not use force during, or in order to facilitate, a visit (but this does not prevent the sheriff from granting a warrant for entry authorising a constable to use force).

(5)

A refusal to allow a council officer, or any person accompanying a council officer, to carry out a visit which is not authorised by a warrant for entry does not constitute an offence under section 49(1).

Annotations

Commencement

I1: S. 36 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

Notes on Part 1

Modifications

C1: Pt. 1 modified (31.3.2012) by The Community Care and Health (Scotland) Act 2002 (Incidental Provision) (Adult Support and Protection) Order 2012 (S.S.I. 2012/66), arts. 1(1), 2