Public Health (Scotland) Act 1897 (repealed)

18 Power of entry to local authority or their officers. S

If the local authority, or [F1 designated medical officer], or [F2 proper officer of a local authority] have reasonable grounds for believing that nuisance exists in any premises, such local authority, or [F1 designated medical officer], or [F2 proper officer of a local authority] may demand admission for themselves, the chief constable or superintendent of police, or any other person or persons whom the local authority may desire to enter and inspect such premises, and, if necessary, to open up the ground of such premises, or for any or all of them, to inspect the same at any hour between nine in the morning and six in the evening, or at any hour when the operations suspected to cause the nuisance are believed to be in progress or are usually carried on; and may cause the ground or surface to be opened, and the drains to be tested, or such other work to be done as may be necessary for an effectual examination of the said premises: provided always, that if no nuisance be found to exist, the local authority shall restore the premises at their own expense, and if admission be refused, the local authority, or [F1 designated medical officer], or [F2 proper officer of a local authority] may apply to the sheriff, or to any . . . F3 justice of the peace having jurisdiction in the place, stating on oath such belief; and such sheriff, . . . F3 , or justice may, after intimation to the owner and occupier, or person in charge of the premises, by order in writing, require the occupier or person having the custody of such premises to admit the local authority and others aforesaid; and if such occupier or person refuse or fail to obey such order, he shall, on [F4 summary] conviction of such offence, be liable to [F5 a fine not exceeding level 3 on the standard scale]; and on being satisfied of such failure or refusal, the sheriff, . . . F3 or justice may grant warrant to such local authority, officers, or person or persons for immediate forcible entry into the premises; and if no such occupier or person can be discovered, or if no person is found on the premises to give or refuse admission, the local authority or [F1 others aforesaid] may enter the premises without any order or warrant, and forcibly if need be.

Provided that if no nuisance be found to exist, the local authority shall restore the premises at their own expense.

Any order made by a shefiff, . . . F3 or justice, for the admission of the local authority or [F1 others aforesaid] under this section shall continue in force until the nuisance has been removed, or the work for which the entry was necessary has been done.

Textual Amendments

F1 Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 43

F2 Words substituted by virtue of Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. I para. 2

F3 Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 27

F4 Word inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 15 para. 6(a)

F5 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 77, Sch. 15 para. 6(b)