OpenLegislation

Article 9 Entry to dwellinghousesF4I1

Scotland

F1(1)

The power to enter premises conferred by articles 4(1), 4A(1), 5(1) and 8(1) may be exercised by an inspector to enter premises used wholly or mainly as a dwelling only if the inspector has been granted a warrant by a sheriff or a justice of the peace.

(2)

A sheriff or a justice of the peace may grant a warrant under paragraph (1) only if satisfied–

(a)

that admission to any premises has been refused, or is likely to be refused, or that the case is one of urgency F2, or that a request for admission might prejudice the purpose of the entry; and

(b)

that there are reasonable grounds to allow entry for the purpose of articles F34(1), 4A(1), 5(1) or 8(1) as the case may be.

(3)

A warrant granted under paragraph (1) shall remain in force–

(a)

for one month; or

(b)

until the purpose for which the warrant is granted has been fulfilled,

whichever period is the shorter.

Annotations

Textual amendments

F1

Art. 9(1) substituted (29.3.2010) by The Plant Health (Potatoes) (Scotland) Amendment Order 2010 (S.S.I. 2010/99), arts. 1, 8(b)

F2

Words in art. 9(2)(a) inserted (29.3.2010) by The Plant Health (Potatoes) (Scotland) Amendment Order 2010 (S.S.I. 2010/99), arts. 1, 8(c)

F3

Words in art. 9(2)(b) substituted (29.3.2010) by The Plant Health (Potatoes) (Scotland) Amendment Order 2010 (S.S.I. 2010/99), arts. 1, 8(d)

F4

Art. 9 heading substituted (29.3.2010) by The Plant Health (Potatoes) (Scotland) Amendment Order 2010 (S.S.I. 2010/99), arts. 1, 8(a)

Commencement

I1

Art. 9 in force at 1.7.2006, see art. 1(1)