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This is the original version (as it was originally enacted).
(1)An enforcement officer may use, or authorise the use of, reasonable force when taking action under section 22 or 24—
(a)if the sheriff grants a warrant for the use of reasonable force and the officer is accompanied by a constable, or
(b)where no application for a warrant has been made, only if the officer is accompanied by a constable who reasonably believes that there is a real and substantial risk that delay in seeking a warrant would defeat or prejudice the purpose of taking action.
(2)Despite subsection (1), an enforcement officer must not—
(a)use force against an individual, or
(b)authorise another person to use force against an individual.
(3)The sheriff may grant a warrant under this section on the application of an enforcement officer only if satisfied that the use of reasonable force is necessary for the purpose of taking action under section 22 or 24.
(4)A warrant granted under this section expires—
(a)when it is no longer required for the purpose for which it was granted, or
(b)if earlier, on the expiry of such period as may be specified in it.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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