Energy Act 2013

122 Warrants for the purposes of section 121

(1) A justice of the peace or, in Scotland, a sheriff, may issue a warrant to authorise entry on to land in the exercise of a right conferred by section 121 (including such a right exercisable by virtue of provision made by or under section 125).

(2) The justice of the peace or the sheriff must be satisfied, on information on oath—

(a) that—

(i) at least 7 days’ notice of intention to apply for a warrant has been given to the occupier of the land,

(ii) the occupier cannot be found, or

(iii) urgent action is required to prevent or limit serious damage to health or to the environment,

(b) (except where the occupier cannot be found) that entry to the land has been or is likely to be refused, and

(c) that there are reasonable grounds for exercising the right.

(3) A warrant under this section may authorise the use of reasonable force.

(4) It is an offence for a person intentionally to obstruct the exercise of any right conferred by a warrant under this section; and a person guilty of such an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) In the application of this section to Scotland the reference to information on oath is to be read as a reference to evidence on oath.