Section 91B Right to enter under warrant.F1

Scotland

(1)

If the sheriff is satisfied —

(a)

that there are reasonable grounds for entering any land for any of the purposes mentioned in section 91A(1) or (2) of this Act; and

(b)

that—

(i)

admission to the land has been refused, or a refusal is reasonably apprehended; or

(ii)

the case is one of urgency,

he may issue a warrant authorising any person duly authorised in writing to enter the land.

(2)

For the purposes of subsection (1)(b)(i) of this section admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

(3)

A warrant authorises entry on one occasion only and that entry must be—

(a)

within one month from the date of the issue of the warrant; and

(b)

at a reasonable hour, unless the case is one of urgency.

Annotations

Textual amendments

F1: Ss. 91A-91C and cross heading inserted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 43(1) (with s. 84(5)); S.I. 1992/334, art. 4.

Notes on the whole Act

Textual amendments

F1: Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)

Notes on Part V

Modifications

C1: Pt. V excluded by Local Government, Planning and Land Act 1980 (c.65), Sch. 17 para. 8(2)

Notes on Rights of entry for enforcement purposes

Textual amendments

F1: Ss. 91A-91C and cross heading inserted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 43(1), 84(2) (with s. 84(5)); S.I. 1992/334, art.4