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(1)A sheriff may by warrant authorise a council officer to enter (if necessary using reasonable force) any premises (other than premises used only as a private dwelling house) for the purpose of carrying out a council’s functions under this Part.
(2)A warrant may be granted under subsection (1) only if the sheriff is satisfied by evidence on oath—
(a)that there are reasonable grounds for entering the premises in question, and
(i)entry to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this section has been given to the occupier,
(ii)a request for entry, or the giving of such notice, would defeat the object of the entry,
(iii)the premises are unoccupied, or
(iv)the occupier is temporarily absent and it might defeat the object of the entry to await the occupier’s return.
(3)A warrant granted under this section continues in force until the end of the period of one month beginning with the date on which it is granted.
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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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