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(1)Where an authorised officer proposes, in exercise of any power conferred by—
(b)section 75(2); or
to enter a dwellinghouse, the conditions set out in subsections (2) and (3) must be satisfied.
(2)The first condition is that the officer has given 48 hours' notice of the proposed entry to a person who appears to be the occupier of the dwellinghouse.
(3)The second condition is that—
(a)the person who appears to be the occupier of the dwellinghouse has consented; or
(b)entry is effected under the authority of a warrant issued under section 78(2).
(4)In this Part, “dwellinghouse” has the meaning given by section 26.
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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
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