Housing (Cladding Remediation) (Scotland) Act 2024

14 Warrant authorising use of force to effect entry

(1) The holder of a judicial office mentioned in subsection (6) may grant a warrant authorising a person entitled to enter premises by section 13(1) to use reasonable force in accordance with the terms of the warrant.

(2) An application for a warrant under this section may be made only by the Scottish Ministers.

(3) A warrant under this section may be granted only if the judicial office-holder is satisfied, by evidence on oath—

(a) that there are reasonable grounds for the person to enter the premises for the purpose of doing something the person is entitled to do by section 13(1), and

(b) that—

(i) entry to the premises has been refused,

(ii) such a refusal is reasonably expected,

(iii) the premises are unoccupied,

(iv) the premises’ occupier is temporarily absent,

(v) the case is one of urgency, or

(vi) that an application for admission would defeat the object of the proposed entry.

(4) A judicial office-holder may not be satisfied that a condition specified by any of sub-paragraphs (ii) to (iv) of subsection (3)(b) is met unless the office-holder is also satisfied that notice of intention to apply for a warrant has been given to the premises’ occupier.

(5) A warrant under this section ceases to have effect—

(a) when the purpose for which it was granted is fulfilled, or

(b) if the warrant specifies a date for its own expiry, on that date (if it has not already ceased to have effect by virtue of paragraph (a)).

(6) The judicial offices referred to in subsection (1) are—

(a) sheriff,

(b) summary sheriff.