Part 9Rights of entry
182Warrants authorising entry
1
A sheriff or a justice of the peace may by warrant authorise any person entitled to exercise a right conferred by subsection (1) or (2) of section 181 to do so, if necessary using reasonable force, in accordance with the warrant.
2
A warrant may be granted under subsection (1) only if the sheriff or justice is satisfied, by evidence on oath—
a
that there are reasonable grounds for the exercise of the right in relation to the land or premises concerned, and
b
that—
i
the exercise of the right in relation to the land or premises has been refused,
ii
such a refusal is reasonably expected,
iii
the land is, or premises are, unoccupied,
iv
the occupier is temporarily absent,
v
the case is one of urgency, or
vi
that an application for admission would defeat the object of the proposed entry.
3
A sheriff or justice may not be satisfied that a condition specified in any of heads (ii) to (iv) of subsection (2)(b) is met unless the sheriff or justice is also satisfied that notice of intention to apply for a warrant has been given to the occupier of the land or premises concerned.