Commentary on Sections
Enforcement
Section 21: Use of reasonable force
49.Unless the owner or occupier of a place that an enforcement officer requires to enter consents to such entry, some measure of force will generally be required in order to effect entry (subsection (1)). Subsection (2) empowers a police constable to use reasonable force, or to authorise an enforcement officer or a third party assisting an officer to use reasonable force, when taking enforcement action under section 18 (general enforcement powers) or 20 (entry and search). Force may be used or authorised in this way, however, only where the police constable accompanies the enforcement officer and if either the use of force has been previously authorised by warrant issued by a sheriff or the police constable reasonably believes that there is a real risk that the delay caused by seeking such a warrant would defeat or prejudice the purpose of taking action. This power could, for example, be used to authorise a locksmith to use reasonable force to gain entry to a place. But a police constable must not authorise an enforcement officer or a third party assister to use reasonable force against an individual (subsection (3)).
50.Subsection (4) provides that the sheriff may grant a warrant only if satisfied that the use of reasonable force is necessary for the purpose of taking enforcement action.
51.By virtue of subsection (5) a warrant expires when it is no longer required for the purpose for which it was granted or, if earlier, on the date specified by the sheriff.
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