Part 3Public health investigations

Investigators' powers

I127Public health investigation warrants

1

This section applies where—

a

an investigator entitled to enter premises under section 22—

i

has been refused entry; or

ii

reasonably anticipates entry being refused;

b

premises which an investigator is entitled to enter are unoccupied;

c

the occupier of such premises is temporarily absent and there is urgency;

d

an investigator entitled to exercise a power under section 23 or 24—

i

has been prevented from exercising that power; or

ii

reasonably anticipates being prevented from doing so; or

e

an application for admission to the premises would defeat the object of the public health investigation.

2

The sheriff or a justice of the peace may, on the application of the investigator, by warrant authorise the investigator—

a

to enter the premises;

b

on entering premises by virtue of paragraph (a), to take—

i

any other person authorised by the investigator and, if the investigator has reasonable cause to expect any serious obstruction in obtaining access, a constable; and

ii

any equipment or materials required for any purpose for which the power of entry is being exercised;

c

to direct that—

i

those premises (or any part of them) are; or

ii

any thing in or on them is,

to be left undisturbed (whether generally or in particular respects) for so long as the investigator considers appropriate;

d

to exercise any power mentioned in sections 23 to 25.

3

The sheriff or justice of the peace must not, under subsection (2), grant a warrant in relation to a dwellinghouse unless the sheriff or justice is satisfied that—

a

the notice required by section 26(2) has been given; and

b

the period of notice has expired.

4

The power of entry in this section—

a

may be exercised at any time; and

b

includes power to use reasonable force.

5

Where the investigator enters premises by virtue of this section, section 22(2) applies.

6

A warrant under this section continues in force until the purpose for which it is issued is fulfilled.