Part VII

Special Controls
Chapter I

Trees

Rights of entry

Right to enter under warrant.
177
1
If the sheriff is satisfied—
a
that there are reasonable grounds for entering any land for any of the purposes mentioned in section 176(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 by a planning authority or, as the case may be, the Secretary of State to enter the land.
2
For the purposes of subsection (1)(b)(i) of this section 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.
Pt. VII 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)