Search Legislation

Water Services etc. (Scotland) Act 2005

Status:

This is the original version (as it was originally enacted).

Warrants

This section has no associated Explanatory Notes

7(1)If a sheriff or justice of the peace is satisfied, by evidence on oath, that—

(a)there are reasonable grounds for the exercise in relation to any premises of a power mentioned in paragraph 5(2); and

(b)at least one of the conditions mentioned in sub-paragraph (2) is fulfilled in relation to the premises,

the sheriff or justice may grant a warrant authorising the Commission (and any person authorised by the Commission for the purpose) to exercise the power in relation to the premises in accordance with the terms of the warrant and, if need be, by force.

(2)The conditions are—

(a)that the exercise of the power in relation to the premises has been refused;

(b)that such a refusal may reasonably be expected;

(c)that the premises are unoccupied;

(d)that the occupier is temporarily absent from the premises;

(e)that the case is one of urgency;

(f)that an attempt to gain entry to the premises without the authority of a warrant would defeat the object of the proposed entry.

(3)A sheriff or justice must not issue a warrant under this paragraph by virtue of being satisfied that a condition mentioned in head (a) or (b) of sub-paragraph (2) is fulfilled unless the sheriff or justice is also satisfied—

(a)that notice of the intention to apply for the warrant has been given to the occupier of the premises; or

(b)that the giving of such notice would defeat the object of the proposed entry.

(4)A warrant granted under this paragraph continues in force until the purposes for which the warrant is issued have been fulfilled.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources