Search Legislation

Glasgow Commonwealth Games Act 2008

Status:

This is the original version (as it was originally enacted).

26Further restrictions on entering houses

This section has no associated Explanatory Notes

(1)An enforcement officer may take action under section 22 or 24 in relation to a house or a place that can be entered only through a house only if—

(a)an individual who habitually resides in the house permits the enforcement officer to do so, or

(b)the sheriff grants a warrant for such action.

(2)An enforcement officer may enter a house only—

(a)at reasonable times, and

(b)if accompanied by a constable.

(3)The sheriff may grant a warrant under this section on the application of an enforcement officer only if satisfied—

(a)that the officer has reasonable grounds for taking action under section 22 or 24 in relation to the house or the place that can be entered only through the house, and

(b)that any of the conditions in subsection (4) is met.

(4)Those conditions are—

(a)that the officer has been refused entry to the house or place or has been prevented from taking any other action under section 22 or 24 in relation to the house or place,

(b)that such a refusal or prevention is reasonably expected (after the officer has taken reasonable steps to notify the residents of the house of the intended action),

(c)that—

(i)the house is unoccupied (permanently or temporarily), and

(ii)the officer has taken reasonable steps to notify any residents of the house of the intended action,

(d)that the case is one of urgency, or

(e)that notifying the residents of the house of the officer’s intention to take action would defeat the object of the proposed action.

(5)A warrant granted under this section expires—

(a)when it is no longer required for the purpose for which it was granted, or

(b)if earlier, on the expiry of such period as may be specified in it.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources