OpenLegislation

Section 38 Criteria for granting warrants for entry: section 7 visitsI1

(1)

A sheriff who grants an assessment order must also grant a warrant for entry in relation to a visit under section 7 of a place from which a person may be taken in pursuance of the assessment order.

(2)

The sheriff may, on the application of the council, otherwise grant a warrant for entry in relation to a visit under section 7 only if satisfied, by evidence on oath—

(a)

that a council officer has been, or reasonably expects to be—

(i)

refused entry to, or

(ii)

otherwise unable to enter,

the place concerned, or

(b)

that any attempt by a council officer to visit the place without such a warrant would defeat the object of the visit.

Annotations

Commencement

I1

S. 38 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