Sheriff officer’s power of entry
Unless the authorisation in an exceptional attachment order to open shut and lockfast places, a sheriff officer should not enter a dwellinghouse to execute the order unless there appears to besomeone present who:
1s49(2) DAA(S)A 2002 •is aged 16 years or over;
•because of their age, knowledge of English, mental illness, mental or physical disability or otherwise, cannot understand the consequences of the procedure being carried out.
In addition, the sheriff officer must send a notice to the client at least four days before the intended date of entry, which explains what will happen and when.
2s49(1) DAA(S)A 2002 The creditor/sheriff officer can apply to the sheriff to dispense with the requirement to serve notice on a client, this is done when the creditor/sheriff officer believes the client will dispose of non-essential goods so defeating the exceptional attachment.