Part I

Wildlife

Miscellaneous

Species control orders: entry by warrant etc.
14N
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.
Ss. 14D-14P inserted (S.) (2.7.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 16, 43(1) (with s. 41(1)); S.S.I. 2012/175, art. 2(1)(b)