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Forestry and Land Management (Scotland) Act 2018

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Powers of entry and step-in power: application to court

60Powers of entry and step-in power: application to court

(1)This section applies to the powers in sections 45, 51, 52, 53 and 59.

(2)A sheriff, a summary sheriff or a justice of the peace may by warrant authorise the Scottish Ministers—

(a)to enter the land concerned, and

(b)if necessary, to use reasonable force in doing so.

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

(a)that there are reasonable grounds under section 45, 51, 52, 53 or (as the case may be) 59 for entering the land concerned, and

(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.

(4)A warrant may not authorise—

(a)entry to Crown land,

(b)entry to a dwelling, or

(c)the use of force against an individual.

(5)A warrant expires—

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

(b)if earlier, when any period as may be specified in it expires.

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