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.