Warrants for entry5

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.