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Housing (Scotland) Act 2006

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This is the original version (as it was originally enacted).

182Warrants authorising entry

This section has no associated Explanatory Notes

(1)A sheriff or a justice of the peace may by warrant authorise any person entitled to exercise a right conferred by subsection (1) or (2) 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)that 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.

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