Part 9Rights of entry

182Warrants authorising entry

1

A sheriff or a justice of the peace may by warrant authorise any person entitled to exercise a right conferred by subsection (1) F1, (1A)F2, (2) or (2A) of section 181 to do so, if necessary using reasonable force, in accordance with the warrant.

2

A warrant may be granted under subsection (1) only if the sheriff or justice is satisfied, by evidence on oath—

a

that there are reasonable grounds for the exercise of the right in relation to the land or premises concerned, and

b

that—

i

the exercise of the right in relation to the land or premises has been refused,

ii

such a refusal is reasonably expected,

iii

the land is, or premises are, unoccupied,

iv

the occupier is temporarily absent,

v

the case is one of urgency, or

vi

that an application for admission would defeat the object of the proposed entry.

3

A sheriff or justice may not be satisfied that a condition specified in any of heads (ii) to (iv) of subsection (2)(b) is met unless the sheriff or justice is also satisfied that notice of intention to apply for a warrant has been given to the occupier of the land or premises concerned.

F33A

In relation to an application for a warrant under section 181(1A), the reference to the occupier in subsection (3) is to be read as including the tenant, the landlord and any known agent of the landlord.