ScheduleEnforcement powers
Entry and associated powers
3
(1)
A sheriff or justice of the peace may grant a warrant under this sub-paragraph if satisfied—
(a)
that there are reasonable grounds for suspecting—
(i)
that a relevant offence has been or is being committed at any premises, or
(ii)
that evidence of the commission of, or participation in, a relevant offence is to be found at any premises, and
(b)
that sub-paragraph (2) or (3) applies.
(2)
This sub-paragraph applies if—
(a)
admission to the premises has been refused or such a refusal may reasonably be expected, and
(b)
either—
(i)
notice of the intention to seek a warrant has been given to the occupier of the premises, or
(ii)
the giving of such notice would frustrate the purpose for which the warrant is sought.
(3)
This sub-paragraph applies if—
(a)
the premises are unoccupied, or
(b)
the occupier is temporarily absent.