Part 1Protection of adults at risk of harm
Protection orders and visits: supplementary
38Criteria for granting warrants for entry: section 7 visits
(1)
A sheriff who grants an assessment order must also grant a warrant for entry in relation to a visit under section 7 of a place from which a person may be taken in pursuance of the assessment order.
(2)
The sheriff may, on the application of the council, otherwise grant a warrant for entry in relation to a visit under section 7 only if satisfied, by evidence on oath—
(a)
that a council officer has been, or reasonably expects to be—
(i)
refused entry to, or
(ii)
otherwise unable to enter,
the place concerned, or
(b)
that any attempt by a council officer to visit the place without such a warrant would defeat the object of the visit.