SCHEDULE 1ENFORCEMENT POWERS
3Entry and associated powers
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.