{
  "url": "https://openlegislation.uk/adult-support-and-protection-scotland-act-2007/section-38",
  "json_url": "https://openlegislation.uk/adult-support-and-protection-scotland-act-2007/section-38.json",
  "legislation": "asp/2007/10",
  "legislation_title": "Adult Support and Protection (Scotland) Act 2007",
  "legislation_url": "https://openlegislation.uk/adult-support-and-protection-scotland-act-2007",
  "path": "section/38",
  "kind": "section",
  "number": "38",
  "heading": "Criteria for granting warrants for entry: section 7 visits",
  "text": "(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.\n(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—\n(a) that a council officer has been, or reasonably expects to be—\n(i) refused entry to, or\n(ii) otherwise unable to enter,\nthe place concerned, or\n(b) that any attempt by a council officer to visit the place without such a warrant would defeat the object of the visit.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 38 in force at 29.10.2008 by S.S.I. 2008/314, art. 2"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2007/10/section/38",
    "retrieved_at": "2026-10-29T20:15:56.603628+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}