Part 1Protection of adults at risk of harm
Protection orders and visits: supplementary
40Urgent cases
1
A council which believes that the circumstances set out in subsection (2) have arisen may apply to a justice of the peace instead of the sheriff for—
a
a removal order, or
b
a warrant for entry in respect of a visit under section 7.
2
Those circumstances are—
a
that it is not practicable to apply to the sheriff, and
b
that an adult at risk is likely to be harmed if there is any delay in granting such an order or warrant.
3
A justice of the peace may grant a removal order only if satisfied, by evidence on oath—
a
that the circumstances set out in subsection (2) have arisen, and
b
as to the matter set out in section 15(1).
4
Subsections (3) to (7) of section 41 do not apply in relation to an application to a justice of the peace for a removal order.
5
A justice of the peace who grants a removal order must also grant a warrant for entry in relation to a visit under section 16.
6
A justice of the peace may grant a warrant for entry in relation to a visit under section 7 only if satisfied, by evidence on oath—
a
that the circumstances set out in subsection (2) have arisen, and
b
as to either of the matters set out in section 38(2).
7
A removal order granted under this section must—
a
despite section 14(1)(a), specify a period of 12 hours beginning when the order is made as the period within which the person specified in the order may be moved in pursuance of the order, and
b
specify a period of no longer than 24 hours as the period within which the order is to have effect.
8
Despite section 37(2)(a), a warrant for entry granted under this section expires 12 hours after it is granted.