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