F1F1PART VIBRaw water quality
76NEntry warrants
1
Scottish Water may apply to the sheriff for a warrant authorising it to—
a
enter particular premises for the purposes mentioned in section 76M(1),
b
take any steps at the premises which are reasonably required for those purposes.
2
The sheriff may grant the warrant sought if satisfied—
a
that there are reasonable grounds for entering the premises for those purposes, and
b
that—
i
the first and second conditions are met, or
ii
the third condition is met.
3
The first condition is that—
a
admission to the premises has been refused,
b
the taking of steps at the premises has been obstructed, or
c
such refusal or obstruction may reasonably be expected.
4
The second condition is that notice of the intention to seek a warrant has been given to the occupier of the premises.
5
The third condition is that the premises are unoccupied.
6
A warrant under subsection (1)—
a
remains valid until the purposes mentioned in section 76M(1) are fulfilled,
b
allows the use of reasonable force (if required),
c
does not authorise entry into a house.
7
Subsection (1) has effect whether the water or thing is located at the premises or elsewhere.
Pt. 6B inserted (10.6.2013 for specified purposes, 21.12.2013 in so far as not already in force) by Water Resources (Scotland) Act 2013 (asp 5), ss. 30(2), 56(1)(2); S.S.I. 2013/163, art. 3, sch., S.S.I. 2013/342, art. 2(b)