Animal Health and Welfare (Scotland) Act 2006 (asp 11)

SCHEDULE 1 Powers of inspectors and constables for Part 2

Conditions for granting warrants

5 (1) This paragraph is complied with in relation to premises if either of the conditions specified in sub-paragraphs (2) and (3) is met.

(2) The condition 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) The condition is that the premises are unoccupied or the occupier is temporarily absent.