The Enhanced Enforcement Areas Scheme (Scotland) Regulations 2015

Warrants for entry

5.—(1) Where the Scottish Ministers have designated an area as an EEA, a sheriff, justice of the peace or stipendiary magistrate may by warrant authorise any person entitled to exercise a right conferred by regulation 4(2)(c) to do so, if necessary using reasonable force, in accordance with the warrant.

(2) A warrant may be granted under paragraph (1) only if the sheriff, justice or magistrate is satisfied by evidence on oath—

(a) that there are reasonable grounds for the exercise of the right in relation to the house and any building; and

(b) that—

(i) entry to the house or building has been or is likely to be refused and that notice of intention to apply for a warrant has been given to the occupier;

(ii) a request for entry, or the giving of such notice would defeat the object of the proposed entry;

(iii) the house is, or building is, unoccupied;

(iv) the occupier is temporarily absent; or

(v) the case is one of urgency.