Public Health etc. (Scotland) Act 2008

77Entry to dwellinghousesS

This section has no associated Explanatory Notes

(1)Where an authorised officer proposes, in exercise of any power conferred by—

(a)section 74(2);

(b)section 75(2); or

(c)section 76(6),

to enter a dwellinghouse, the conditions set out in subsections (2) and (3) must be satisfied.

(2)The first condition is that the officer 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 under section 78(2).

(4)In this Part, “dwellinghouse” has the meaning given by section 26.

Commencement Information

I1S. 77 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1