If the occupier of any premises refuses to afford the Corporation such facilities as they may require for the purposes of any provision of this Act (other than section 36 above) to enter upon, inspect and execute works on those premises, then—
in the case of premises in England and Wales, a magistrates' court on a complaint made by the Corporation;
in the case of premises in Scotland, the sheriff on an application so made,
may confer such powers to enter, inspect and execute works on the premises as may appear to the court or the sheriff to be necessary, and may order the occupier to permit the exercise of those powers.
Nothing in subsection (1) above shall apply to any premises occupied by or on behalf of the Crown.