Part VI

Enforcement

Rights of entry for enforcement purposes

Right to enter under warrant.
157
1
If the sheriff is satisfied—
a
that there are reasonable grounds for entering any land for any of the purposes mentioned in section 156(1) or (2), and
b
that—
i
admission to the land has been refused, or a refusal is reasonably apprehended, or
ii
the case is one of urgency,
he may issue a warrant authorising any person duly authorised in writing to enter the land.
2
For the purposes of subsection (1)(b)(i) admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.
3
A warrant authorises entry on one occasion only and that entry must be—
a
within one month from the date of the issue of the warrant, and
b
at a reasonable hour, unless the case is one of urgency.
Ss. 156-158 functions made exercisable concurrently (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I. 2003/1), arts. 1, 7(1)(b)
Pt. 6 applied (with modifications) (1.4.2010) by The Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60), regs. 1(1), 30 (with arts. 4, 5)
Pt. 6 modified (16.9.2011) by The Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 (S.I. 2011/2305), regs. 1, 19(2)
Pt. 6: power to modify conferred (6.1.2025) by Housing (Cladding Remediation) (Scotland) Act 2024 (asp 7), ss. 29(5), 39(2); S.S.I. 2024/370, reg. 2