Part V

Enforcement, Offences and Proceedings

Enforcement

Warrants
62H
1
A sheriff or justice of the peace may issue a warrant authorising an inspector to enter (if necessary using reasonable force) any premises in Scotland for the purpose mentioned in subsection (2), if satisfied by evidence on oath that—
a
the first condition is satisfied; and
b
either the second or the third condition is satisfied.
2
The purpose is that of—
a
ascertaining whether a function of the Scottish Ministers or inspectors under this Act should be exercised; or
b
doing anything in pursuance of or in connection with the exercise of such a function.
3
The evidence must include—
a
a statement as to whether any representations have been made by the occupier of the premises to an inspector concerning the purpose for which the warrant is sought;
b
a summary of any such representations.
4
The first condition is that there are reasonable grounds for an inspector to enter the premises for that purpose.
5
The second condition is that each of the following applies—
a
the occupier has been informed of the decision to seek entry to the premises and of the reasons for that decision;
b
the occupier has failed to allow entry to the premises on being requested to do so by an inspector; and
c
the occupier has been informed of the intention to apply for the warrant.
6
The third condition is that—
a
the premises are unoccupied or the occupier appears to be absent and (in either case) notice of intention to apply for the warrant has been left in a conspicuous place on the premises; or
b
the object of entering would be defeated if the occupier were requested to allow entry or informed of an intention to apply for a warrant.
7
A warrant issued under this section must be executed at a reasonable hour unless the inspector thinks the case is one of urgency.
8
A warrant issued under this section remains in force for one month starting with the date of its grant.
Ss. 62G-62I inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), ss. 12, 55(1) (with s. 54); S.S.I. 2006/482, art. 2