- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
3(1)A sheriff or justice of the peace may grant a warrant under this sub-paragraph if satisfied—
(a)that there are reasonable grounds for believing—
(i)that a section 1 offence has been or is being committed at any premises, or
(ii)that evidence of the commission of, or participation in, a section 1 offence is to be found at any premises, and
(b)that condition A or condition B is satisfied in relation to the premises.
(2)Condition A is—
(a)that—
(i)admission to the premises has been refused, or
(ii)such a refusal may reasonably be expected, and
(b)that—
(i)notice of the intention to seek a warrant has been given to the occupier of the premises, or
(ii)the giving of such notice would frustrate the purpose for which the warrant is sought.
(3)Condition B is—
(a)that the premises are unoccupied, or
(b)that the occupier is temporarily absent.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: