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The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019

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This is the original version (as it was originally made).

Right of entry conferred by a warrant issued by a sheriff, a summary sheriff or a justice of the peace

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30.—(1) A sheriff, a summary sheriff or a justice of the peace may by signed warrant permit a plant health inspector to enter premises under regulation 16 or 29 if necessary by reasonable force, if the sheriff, the summary sheriff or the justice of the peace, on sworn information in writing, is satisfied that—

(a)there are reasonable grounds to enter those premises, and

(b)any of the conditions in paragraph (2) are met.

(2) The conditions are that—

(a)entry to the premises has been, or is likely to be, refused and notice of the intention to apply for a warrant has been given to the occupier,

(b)asking for admission to the premises, or giving notice of the intention to apply for a warrant, would defeat the object of the entry,

(c)entry is required urgently,

(d)the premises are unoccupied or the occupier is temporarily absent.

(3) A warrant is valid for one month.

(4) A plant health inspector who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.

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