- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)This section applies where no permission has been given by an occupier of premises (or another person with the authority to do so) for an enforcement officer to take action under section 18 or 20.
(2)A constable may use reasonable force, or authorise the use of reasonable force by an enforcement officer or by any person assisting the officer, when action is being taken under section 18 or 20—
(a)if the sheriff grants a warrant for the use of reasonable force and the constable accompanies the enforcement officer, or
(b)where no application for a warrant has been made, only if the constable accompanies the officer and reasonably believes that there is a real and substantial risk that delay in seeking a warrant would defeat or prejudice the purpose of taking action.
(3)Despite subsection (2), a constable must not authorise an enforcement officer or any person assisting the officer to use force against an individual.
(4)The sheriff may grant a warrant under this section on the application of an enforcement officer only if satisfied that the use of reasonable force is necessary for the purpose of taking action under section 18 or 20.
(5)A warrant granted under this section expires—
(a)when it is no longer required for the purpose for which it is granted, or
(b)if earlier, on the expiry of such period as may be specified in it.
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: