Public Health etc. (Scotland) Act 2008

26Entry to dwellinghousesS

This section has no associated Explanatory Notes

(1)Where an investigator proposes, in the exercise of a power conferred by section 22, to enter a dwellinghouse, the conditions set out in subsections (2) and (3) must be satisfied.

(2)The first condition is that the investigator has given 48 hours' notice of the proposed entry to a person who appears to be the occupier of the dwellinghouse.

(3)The second condition is that—

(a)the person who appears to be the occupier of the dwellinghouse has consented; or

(b)entry is effected under the authority of a warrant issued in accordance with section 27.

(4)In this Part, “dwellinghouse” means any premises or part of premises which are wholly or mainly occupied as a person's dwelling.

Commencement Information

I1S. 26 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1