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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.