Part 3Public health investigations
Investigators' powers
I127Public health investigation warrants
1
This section applies where—
a
an investigator entitled to enter premises under section 22—
i
has been refused entry; or
ii
reasonably anticipates entry being refused;
b
premises which an investigator is entitled to enter are unoccupied;
c
the occupier of such premises is temporarily absent and there is urgency;
d
an investigator entitled to exercise a power under section 23 or 24—
i
has been prevented from exercising that power; or
ii
reasonably anticipates being prevented from doing so; or
e
an application for admission to the premises would defeat the object of the public health investigation.
2
The sheriff or a justice of the peace may, on the application of the investigator, by warrant authorise the investigator—
a
to enter the premises;
b
on entering premises by virtue of paragraph (a), to take—
i
any other person authorised by the investigator and, if the investigator has reasonable cause to expect any serious obstruction in obtaining access, a constable; and
ii
any equipment or materials required for any purpose for which the power of entry is being exercised;
c
to direct that—
i
those premises (or any part of them) are; or
ii
any thing in or on them is,
to be left undisturbed (whether generally or in particular respects) for so long as the investigator considers appropriate;
d
to exercise any power mentioned in sections 23 to 25.
3
The sheriff or justice of the peace must not, under subsection (2), grant a warrant in relation to a dwellinghouse unless the sheriff or justice is satisfied that—
a
the notice required by section 26(2) has been given; and
b
the period of notice has expired.
4
The power of entry in this section—
a
may be exercised at any time; and
b
includes power to use reasonable force.
5
Where the investigator enters premises by virtue of this section, section 22(2) applies.
6
A warrant under this section continues in force until the purpose for which it is issued is fulfilled.