Extent Information
E1Act (except s. 16 which applies to England and Wales) applies to Scotland only see s. 137(9).
Modifications etc. (not altering text)
C1Act excluded (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act (c. xix), ss. 1, 12(2), Sch. Pt. V
Commencement Information
I1Act partly in force at Royal Assent see s. 137(2); Act wholly in force at 1. 1. 1985 see S.I. 1983/201 as amended by S.I. 1984/573 and 744.
(1)If a justice of the peace or sheriff is satisfied by evidence on oath that—
(a)entry to any land or premises which a person is entitled to enter in pursuance of this Part of this Act has been refused to that person or he has been prevented from doing there anything which he is entitled to do in pursuance of this Part of this Act or such refusal or prevention is apprehended or that the land or premises are unoccupied or that the occupier is temporarily absent or that the case is one of emergency; and
(b)there is reasonable ground for entry to the land or premises for the purposes for which entry is required
he may grant a warrant to the person to enter the land or premises specified in the warrant if need be by force and to do whatever is to be done.
(2)A warrant issued in pursuance of this section shall continue in force for a period of one month beginning with the day on which it was granted or until the purpose for which entry is required has been satisfied, whichever is the shorter.
(3)A person who has been granted a warrant under this section to enter any unoccupied land or premises or land or premises the occupier of which is temporarily absent shall leave the land or premises as effectively secured against trespassers as he found it or them.