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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)A sheriff, justice of the peace or stipendiary magistrate may by warrant authorise a person to enter premises (if necessary using reasonable force) for the purpose of carrying out an inspection under section 53.
(2)A warrant may be granted under subsection (1) only if the sheriff, justice or magistrate 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 the 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 proposed 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.
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