Part 6Powers of entry and compensation

Powers of entry

I180Warrants authorising entry

1

A sheriff or justice of the peace may by warrant authorise any person entitled to exercise a right conferred by section 79 to do so, if necessary using reasonable force, in accordance with the warrant.

2

A warrant may be granted under subsection (1) only if the sheriff or justice is satisfied, by evidence on oath—

a

that there are reasonable grounds for the exercise of the right in relation to the land concerned, and

b

that—

i

the conditions in subsection (3) are satisfied,

ii

the land is unoccupied, or

iii

the case is one of urgency.

3

The conditions mentioned in subsection (2)(b)(i) are—

a

the person applying for the warrant has given notice under section 81(3) of the person's intention to exercise the right,

b

the notice period has expired,

c

either—

i

permission to exercise the right in relation to the land has been refused, or

ii

such a refusal is reasonably expected.

4

A warrant granted under this section—

a

does not entitle a person to use force against an individual, and

b

continues in force until the purpose for which the warrant was issued has been fulfilled or, if earlier, the expiry of such period as the warrant may specify.

5

Any person who, without reasonable excuse, prevents or obstructs any other person from doing anything which is authorised by a warrant granted under this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.