Part 1

Tobacco and nicotine vapour products etc.
Chapter 3

Enforcement and fixed penalties

Powers of entry etc.

Warrants for entry
29
1
A sheriff may by warrant authorise a council officer to enter (if necessary using reasonable force) any premises (other than premises used only as a private dwelling house) for the purpose of carrying out a council's functions under this Part.
2
A warrant may be granted under subsection (1) only if the sheriff is satisfied by evidence on oath—
a
that there are reasonable grounds for entering the premises in question, and
b
that—
i
entry to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this section has been given to the occupier,
ii
a request for entry, or the giving of such notice, would defeat the object of the entry,
iii
the premises are unoccupied, or
iv
the occupier is temporarily absent and it might defeat the object of the entry to await the occupier's return.
3
A warrant granted under this section continues in force until the end of the period of one month beginning with the date on which it is granted.
S. 29 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.
Pt. 1 title substituted (1.4.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(11), 36(2); S.S.I. 2017/12, reg. 2, sch.