Animal Health Act 1981

[F1 62H Warrants S

(1) A sheriff or justice of the peace may issue a warrant authorising an inspector to enter (if necessary using reasonable force) any premises in Scotland for the purpose mentioned in subsection (2), if satisfied by evidence on oath that—

(a) the first condition is satisfied; and

(b) either the second or the third condition is satisfied.

(2) The purpose is that of—

(a) ascertaining whether a function of the Scottish Ministers or inspectors under this Act should be exercised; or

(b) doing anything in pursuance of or in connection with the exercise of such a function.

(3) The evidence must include—

(a) a statement as to whether any representations have been made by the occupier of the premises to an inspector concerning the purpose for which the warrant is sought;

(b) a summary of any such representations.

(4) The first condition is that there are reasonable grounds for an inspector to enter the premises for that purpose.

(5) The second condition is that each of the following applies—

(a) the occupier has been informed of the decision to seek entry to the premises and of the reasons for that decision;

(b) the occupier has failed to allow entry to the premises on being requested to do so by an inspector; and

(c) the occupier has been informed of the intention to apply for the warrant.

(6) The third condition is that—

(a) the premises are unoccupied or the occupier appears to be absent and (in either case) notice of intention to apply for the warrant has been left in a conspicuous place on the premises; or

(b) the object of entering would be defeated if the occupier were requested to allow entry or informed of an intention to apply for a warrant.

(7) A warrant issued under this section must be executed at a reasonable hour unless the inspector thinks the case is one of urgency.

(8) A warrant issued under this section remains in force for one month starting with the date of its grant.]

Textual Amendments

F1 Ss. 62G-62I inserted (S.) (6.10.2006) by Animal Health and Welfare (Scotland) Act 2006 (asp 11), ss. 12, 55(1) (with s. 54); S.S.I. 2006/482, art. 2