Requirements in relation to entry to premises to execute civil warrants
22 Requirements in relation to entry to premises to execute civil warrants
S. 22(1) amended by No. 47/2014 s. 318(1).
Subject to section 22A, this section applies if the sheriff intends to enter premises for the purpose of executing a civil warrant, other than a warrant of possession.
The sheriff may enter the premises only if he or she believes on reasonable grounds that there is or may be at the premises personal property of the person named or described in the warrant that is recoverable property.
The sheriff must request the owner or occupier of the premises for consent to enter the premises.
S. 22(4) substituted by No. 87/2009 s. 13(1).
The sheriff may use force and assistance to enter the premises if the owner or occupier of the premises unreasonably withholds his or her consent.
S. 22(4A) inserted by No. 87/2009 s. 13(1).
Despite subsection (3), the sheriff may use force and assistance to enter the premises if—
the sheriff, after reasonable attempts to do so, cannot contact the owner or occupier of the premises; or
the sheriff reasonably believes that the owner or occupier of the premises is avoiding being contacted by the sheriff.
S. 22(5) amended by Nos 87/2009 s. 13(2), 47/2014 s. 318(2).
If the sheriff decides to use force and assistance as provided under this section to enter premises that are residential premises, he or she must only use that force and assistance between the hours of 7 a.m. and 9.30 p.m.
S. 22A inserted by No. 47/2014 s. 319.
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