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Public Health etc. (Scotland) Act 2008
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103Power to enter premises: entry to dwellinghouses
Explanatory NotesShow EN
(1)Where an authorised officer proposes, in the exercise of the power conferred by section 102(1), to enter a dwellinghouse, the condition set out in subsection (2) must be satisfied.
(2)The condition is that the authorised officer has obtained a warrant from the sheriff in the month preceding the date of entry.
(3)The sheriff may issue a warrant only if satisfied by evidence on oath that there are reasonable grounds for suspecting that—
(a)an offence mentioned in section 102(1) has been, or is being, committed; and
(b)evidence of the commission of that offence may be found in the dwellinghouse.
(4)In this section, “dwellinghouse” means any premises or part of premises which are wholly or mainly occupied as a person’s dwelling.
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