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Flood Risk Management (Scotland) Act 2009

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This is the original version (as it was originally enacted).

80Warrants authorising entry

This section has no associated Explanatory Notes

(1)A sheriff or justice of the peace may by warrant authorise any person entitled to exercise a right conferred by section 79 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 concerned, and

(b)that—

(i)the conditions in subsection (3) are satisfied,

(ii)the land is unoccupied, or

(iii)the case is one of urgency.

(3)The conditions mentioned in subsection (2)(b)(i) are—

(a)the person applying for the warrant has given notice under section 81(3) of the person’s intention to exercise the right,

(b)the notice period has expired,

(c)either—

(i)permission to exercise the right in relation to the land has been refused, or

(ii)such a refusal is reasonably expected.

(4)A warrant granted under this section—

(a)does not entitle a person to use force against an individual, and

(b)continues in force until the purpose for which the warrant was issued has been fulfilled or, if earlier, the expiry of such period as the warrant may specify.

(5)Any person who, without reasonable excuse, prevents or obstructs any other person from doing anything which is authorised by a warrant granted under this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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