PART 4

Felling
CHAPTER 8

Compliance

Powers of entry and step-in power: application to court

Powers of entry and step-in power: application to court
60
1
This section applies to the powers in sections 45, 51, 52, 53 and 59.
2
A sheriff, a summary sheriff or a justice of the peace may by warrant authorise the Scottish Ministers—
a
to enter the land concerned, and
b
if necessary, to use reasonable force in doing so.
3
A warrant may be granted only if the sheriff, summary sheriff or justice is satisfied, by evidence on oath—
a
that there are reasonable grounds under section 45, 51, 52, 53 or (as the case may be) 59 for entering the land concerned, and
b
that—
i
entry to the land has been refused,
ii
such a refusal is reasonably expected,
iii
the land is unoccupied, or
iv
the occupier is temporarily absent.
4
A warrant may not authorise—
a
entry to Crown land,
b
entry to a dwelling, or
c
the use of force against an individual.
5
A warrant expires—
a
when it is no longer needed for the purpose for which it was granted, or
b
if earlier, when any period as may be specified in it expires.