- Draft legislation
This is a draft item of legislation. This draft has since been made as a Scottish Statutory Instrument: The Public Water Supplies (Scotland) Regulations 2014 No. 364
41.—(1) Scottish Water may apply to the sheriff for a warrant authorising it to—
(a)enter particular premises for the purposes mentioned in regulation 40(1); and
(b)take any steps at the premises which are reasonably required for those purposes.
(2) The sheriff may grant the warrant sought if satisfied—
(a)that there are reasonable grounds for entering the premises for those purposes; and
(b)that—
(i)the first and second conditions are met; or
(ii)the third condition is met.
(3) The first condition is that—
(a)admission to the premises has been refused;
(b)the taking of steps at the premises has been obstructed; or
(c)such refusal or obstruction may reasonably be expected.
(4) The second condition is that notice of the intention to seek a warrant has been given to the occupier of the premises.
(5) The third condition is that the premises are unoccupied.
(6) A warrant under paragraph (1)—
(a)remains valid until the purposes mentioned in regulation 40(1) are fulfilled; and
(b)allows the use of reasonable force (if required).
(7) Paragraph (1) has effect whether the water or thing is located at the premises or elsewhere.
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