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Forth Crossing Act 2011

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This is the original version (as it was originally enacted).

44Warrants authorising entry

This section has no associated Explanatory Notes

(1)A sheriff or justice of the peace may by warrant authorise Ministers to exercise a right conferred by this Part, if necessary using reasonable force, in accordance with the warrant.

(2)A warrant may be granted only if the sheriff or justice is satisfied, by evidence on oath—

(a)that there are reasonable grounds for exercising the right in relation to the land concerned,

(b)that—

(i)entry to the land has been refused,

(ii)such a refusal is reasonably expected,

(iii)the land is unoccupied, or

(iv)the occupier is temporarily absent, and

(c)except where the case is one of urgency, that Ministers have complied with the notice requirements imposed by section 40.

(3)A warrant must not authorise the use of force against an individual.

(4)A warrant expires—

(a)when it is no longer required for the purpose for which it is granted, or

(b)if earlier, on the expiry of such period as may be specified in it.

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