Paragraph 1 Powers of entryI1

Scotland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 2 para. 4 coming into force by Beef and Veal Labelling 2008 reg. 1
Sch. 2 para. 1 coming into force by Beef and Veal Labelling 2008 reg. 1
Sch. 2 para. 2 coming into force by Beef and Veal Labelling 2008 reg. 1
Sch. 2 para. 3 coming into force by Beef and Veal Labelling 2008 reg. 1

(1)

An authorised officer has the right at all reasonable hours to enter any premises (excluding premises used only as a dwelling) for the purpose of ascertaining whether–

(a)

any contravention of any provisions of these Regulations has taken place; or

(b)

there is any evidence of any contravention of any provisions of these Regulations.

(2)

The authorised officer must produce, if required, a duly authenticated document showing the officer’s authority under sub-paragraph (1).

(3)

If–

(a)

a justice of the peace or a sheriff, sworn (on oath), is satisfied that there is reasonable ground for entry into any premises (excluding premises used only as a dwelling) for any purpose mentioned in sub-paragraph (1) above; and

(b)

at least one of the grounds in sub-paragraph (4) applies,

the justice of the peace or sheriff may by a signed warrant authorise an authorised officer to enter the premises, if need be by reasonable force.

(4)

The grounds referred to in sub-paragraph (3)(b) are–

(a)

admission to the premises has been refused, (or a refusal is anticipated), and notice of the intention to apply for a warrant has been given to the occupier;

(b)

a request for admission to the premises, or the giving of notice of the intention to apply for a warrant, would defeat the object of the entry;

(c)

the case is one of urgency; or

(d)

the premises are unoccupied or the occupier is temporarily absent.

(5)

Every warrant granted under sub-paragraph (3) shall continue in force for a period of one month.

(6)

An authorised officer entering any premises by virtue of this regulation, or of a warrant issued under it–

(a)

may be accompanied by other persons as considered necessary; and

(b)

on leaving any unoccupied premises which the officer has entered by virtue of such a warrant, must leave them effectively secured against unauthorised entry as the officer found them.

(7)

Where land or premises are damaged in the exercise of a power of entry conferred by this paragraph, compensation in respect of that land or those premises may be recovered by any person interested in that land or those premises from the Scottish Ministers or the relevant local authority, as the case may be.

(8)

In sub-paragraph (3), “justice of the peace” means a justice of the peace appointed under section 67(1) of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007^f1.

Paragraph 1 Powers of entryI1

Annotations

Commencement

Footnotes