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The Water Environment (Controlled Activities) (Scotland) Regulations 2005

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PART 3Issue of warrants

25.  If a sheriff or justice of the peace is satisfied that–

(a)there are reasonable grounds for the exercise in relation to any premises of a power under Part 1 of this Schedule; and

(b)one or more of the conditions specified in paragraph 26 is fulfilled in relation to those premises,

the sheriff or justice of the peace may by warrant authorise SEPA to designate a person to exercise the power in relation to those premises, in accordance with the warrant and, if need be, by force.

26.  The conditions mentioned in paragraph 25 are–

(a)that the exercise of the power in relation to the premises has been refused;

(b)that such a refusal is reasonably apprehended;

(c)that the premises are unoccupied;

(d)that the occupier is temporarily absent from the premises, and the case is one of urgency; or

(e)that an application for admission to the premises would defeat the object of the proposed entry.

27.  In a case where paragraph 25 applies, a justice of the peace or sheriff shall not issue a warrant under this Schedule by virtue only of being satisfied that the exercise of a power in relation to any premises has been refused, or that a refusal is reasonably apprehended, unless that person is also satisfied that the notice required by paragraph 18 has been given and that the period of that notice has expired.

28.  Every warrant under this Schedule shall continue in force until the purposes for which the warrant was issued have been fulfilled.

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