Section 182 Warrants authorising entry

Scotland

(1)

A sheriff or a justice of the peace may by warrant authorise any person entitled to exercise a right conferred by subsection (1) F1, (1A) F2, (2) or (2A) of section 181 to do so, if necessary using reasonable force, in accordance with the warrant.

(2)

A warrant may be granted under subsection (1) only if the sheriff or justice is satisfied, by evidence on oath—

(a)

that there are reasonable grounds for the exercise of the right in relation to the land or premises concerned, and

(b)

that—

(i)

the exercise of the right in relation to the land or premises has been refused,

(ii)

such a refusal is reasonably expected,

(iii)

the land is, or premises are, unoccupied,

(iv)

the occupier is temporarily absent,

(v)

the case is one of urgency, or

(vi)

F3... an application for admission would defeat the object of the proposed entry.

(3)

A sheriff or justice may not be satisfied that a condition specified in any of heads (ii) to (iv) of subsection (2)(b) is met unless the sheriff or justice is also satisfied that notice of intention to apply for a warrant has been given to the occupier of the land or premises concerned.

F4(3A)

In relation to an application for a warrant under section 181(1A), the reference to the occupier in subsection (3) is to be read as including the tenant, the landlord and any known agent of the landlord.

Annotations

Textual amendments

F1: Word in s. 182(1) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(7)(a), 104(3); S.S.I. 2015/349, art. 3, sch.
F2: Words in s. 182(1) substituted (1.12.2015) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 35(7), 41(3); S.S.I. 2015/326, art. 2(3)
F3: Word in s. 182(2)(b)(vi) repealed (1.4.2026) by Housing (Scotland) Act 2025 (asp 13), s. 86(2), sch. para. 4(2); S.S.I. 2026/115, reg. 2(1)(5), sch. Pt. 1
F4: S. 182(3A) inserted (1.12.2015) by Housing (Scotland) Act 2014 (asp 14), ss. 25(7)(b), 104(3); S.S.I. 2015/349, art. 3, sch.