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- Original (As enacted)
This is the original version (as it was originally enacted).
(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,
(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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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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