Part I Wildlife

Miscellaneous

14NF1Species control orders: entry by warrant etc.

1

If a sheriff or justice of the peace is satisfied, by evidence on oath, that there are reasonable grounds for a person authorised by a relevant body to enter premises for a purpose mentioned in section 14M(1) and that—

a

admission to the premises has been refused;

b

such refusal is reasonably apprehended;

c

the premises are unoccupied;

d

the occupier is temporarily absent from the premises;

e

the giving of notice under section 14M(2) would defeat the object of the proposed entry; or

f

the situation is one of urgency,

the sheriff or justice may grant a warrant authorising the person to enter premises (including lockfast places), if necessary using reasonable force.

2

In the cases of a warrant under subsection (1)(a) to (d), a sheriff or justice must not grant a warrant unless satisfied that notice of the intended entry has been given in the manner described in section 14M.

3

A warrant under this section—

a

may be executed without notice; and

b

continues in force until the purpose for which the entry is required has been satisfied or, if earlier, the expiry of such period as the warrant may specify.

4

Any person authorised by a warrant to enter any premises must, if required to do so by the owner or occupier or anyone acting on the owner or occupier's behalf, show that person the warrant.

5

Any person authorised by a warrant to use reasonable force—

a

must be accompanied by a constable when doing so; and

b

may not use force against an individual.