310 Incidental applications. S
Where prior to [F1or after] the presentation of a complaint it is necessary to apply to a court for any warrant or order of court as incidental to . . . F2 proceedings by complaint, or where a court has power to grant any warrant or order of court, although no subsequent proceedings by complaint may follow thereon, such application may be by petition at the instance of a prosecutor in the form set out in Part I of Schedule 2 to the M1Summary Jurisdiction (Scotland) Act 1954 or in an Act of Adjournal under this Act or as nearly as may be in such form and, where necessary for the execution of any such warrant or order of court, warrant to break open lockfast places shall be implied.
Textual Amendments
F1Words inserted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 53
F2Words repealed by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 6 para. 1, Sch. 8
Modifications etc. (not altering text)
C1S. 310 applied by Telecommunications Act 1984 (c. 12, SIF 96), s. 81(2)
C2S. 310 extended by S.I. 1988/110, rules 154(1), 156
C3S. 310 applied by S.I. 1986/2184, arts. 2(1), 4
C4S. 310 applied (31.10.1994) by 1994 c. 26, s. 98(2)(a); S.I. 1994/2550, art. 2
Marginal Citations
M11954 c. 48(39:1).