OpenLegislation

Section 24 Use of reasonable forceI1I2

Scotland

(1)

This section applies where no permission has been given by an occupier of a place (or another person with the authority to do so) for an enforcement officer to take action under section 18 or 22.

(2)

A constable may use reasonable force, or authorise the use of reasonable force by an enforcement officer or by any person assisting the officer, when action is being taken under section 18 or 22—

(a)

if—

(i)

the sheriff grants a warrant for the use of reasonable force, and

(ii)

the constable accompanies the enforcement officer, or

(b)

where no application for a warrant has been made, only if—

(i)

the constable reasonably believes that there is a real and substantial risk that delay in seeking a warrant would defeat or prejudice the purpose of taking action, and

(ii)

the constable accompanies the enforcement officer.

(3)

Despite subsection (2), a constable must not authorise an enforcement officer or any person assisting the officer to use force against an individual.

(4)

The sheriff may grant a warrant under this section on the application of an enforcement officer only if satisfied that the use of reasonable force is necessary for the purpose of taking action under section 18 or 22.

(5)

A warrant granted under this section expires—

(a)

when it is no longer required for the purpose for which it is granted, or

(b)

if earlier, on the expiry of such period as may be specified in it.

Annotations

Commencement

I1

S. 24 not in force at Royal Assent, see s. 39(2)

I2

S. 24 in force at 20.9.2026 for specified purposes by S.S.I. 2026/257, reg. 2, sch.