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.