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Public Health etc. (Scotland) Act 2008

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This is the original version (as it was originally enacted).

27Public health investigation warrants

This section has no associated Explanatory Notes

(1)This section applies where—

(a)an investigator entitled to enter premises under section 22—

(i)has been refused entry; or

(ii)reasonably anticipates entry being refused;

(b)premises which an investigator is entitled to enter are unoccupied;

(c)the occupier of such premises is temporarily absent and there is urgency;

(d)an investigator entitled to exercise a power under section 23 or 24—

(i)has been prevented from exercising that power; or

(ii)reasonably anticipates being prevented from doing so; or

(e)an application for admission to the premises would defeat the object of the public health investigation.

(2)The sheriff or a justice of the peace may, on the application of the investigator, by warrant authorise the investigator—

(a)to enter the premises;

(b)on entering premises by virtue of paragraph (a), to take—

(i)any other person authorised by the investigator and, if the investigator has reasonable cause to expect any serious obstruction in obtaining access, a constable; and

(ii)any equipment or materials required for any purpose for which the power of entry is being exercised;

(c)to direct that—

(i)those premises (or any part of them) are; or

(ii)any thing in or on them is,

to be left undisturbed (whether generally or in particular respects) for so long as the investigator considers appropriate;

(d)to exercise any power mentioned in sections 23 to 25.

(3)The sheriff or justice of the peace must not, under subsection (2), grant a warrant in relation to a dwellinghouse unless the sheriff or justice is satisfied that—

(a)the notice required by section 26(2) has been given; and

(b)the period of notice has expired.

(4)The power of entry in this section—

(a)may be exercised at any time; and

(b)includes power to use reasonable force.

(5)Where the investigator enters premises by virtue of this section, section 22(2) applies.

(6)A warrant under this section continues in force until the purpose for which it is issued is fulfilled.

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