{
  "url": "https://openlegislation.uk/draft-environmental-protection-single-use-vapes-scotland-regulations-2024/regulation-9",
  "json_url": "https://openlegislation.uk/draft-environmental-protection-single-use-vapes-scotland-regulations-2024/regulation-9.json",
  "legislation": "sdsi/2024/9780111060315",
  "legislation_title": "The Environmental Protection (Single-use Vapes) (Scotland) Regulations 2024",
  "legislation_url": "https://openlegislation.uk/draft-environmental-protection-single-use-vapes-scotland-regulations-2024",
  "path": "regulation/9",
  "kind": "regulation",
  "number": "9",
  "heading": "Powers of entry, investigation and examination etc.",
  "text": "(1) The powers which an enforcement officer may be authorised to exercise are—\n(a) to enter at any reasonable time any premises (other than premises used wholly or mainly as a dwelling) which the enforcement officer has reason to believe it is necessary to enter for an authorised purpose,\n(b) when entering any premises under sub-paragraph (a)—\n(i) to be accompanied by another enforcement officer, and if the enforcement officer has reasonable cause to apprehend any serious obstruction in the execution of that person’s duty, a constable, and\n(ii) to bring any equipment or materials required for any authorised purpose for which the power of entry is being exercised,\n(c) on entering any premises under sub-paragraph (a)—\n(i) to make such examination and investigation as may in any circumstances be necessary,\n(ii) to take such measurements and photographs and make such recordings as the enforcement officer considers necessary for the purpose of any examination or investigation, and\n(iii) to require any person to produce, or where the information is recorded in computerised form, to furnish extracts from, any documents which it is necessary for the enforcement officer to see for the purposes of any such examination or investigation and to inspect and take copies of the documents,\n(d) as regards any premises which an enforcement officer has power to enter under sub-paragraph (a), to direct that those premises or any part of them, or anything in them, be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of examination or investigation under sub-paragraph (c),\n(e) to take any samples, or cause samples to be taken, of any single-use vapes, or components of single-use vapes found in or on any premises which an enforcement officer has power to enter under sub-paragraph (a), and to cause any such single-use vapes to be analysed or tested,\n(f) in the case of any single-use vape, or component of a single-use vape found in any premises which an enforcement officer has power to enter, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it, unless that is necessary),\n(g) in the case of any single-use vapes found in or on any premises which an enforcement officer has power to enter under sub-paragraph (a) to take possession of it and to retain it for so long as is necessary for all or any of the following purposes—\n(i) to examine it, and subject it to any process or test, or cause it to be examined, and subjected to any process or test,\n(ii) to ensure that it is not tampered with before the examination is completed,\n(iii) to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations,\n(h) as regards any premises which an enforcement officer has power to enter under sub-paragraph (a), to search the premises and seize and remove any documents found in or on the premises which the enforcement officer has reasonable cause to believe may be required as evidence for the purposes of proceedings relating to an offence under regulation 4 which the enforcement officer reasonably believes is being or has been committed,\n(i) to require any person to afford the enforcement officer such facilities and assistance with respect to any matters or things within the person’s control or in relation to which that person has responsibilities as are necessary to enable the enforcement officer to exercise any of the powers conferred on the enforcement officers by this regulation,\n(j) as regards any premises which an enforcement officer has power to enter under sub-paragraph (a), to make a purchase of a single-use vape or enter into an agreement to secure the provision of a single-use vape, without first giving notice, or obtaining a warrant,\n(k) to require any person whom the enforcement officer has reasonable cause to believe to be able to give any information relevant to an examination or investigation under sub-paragraph (c) above, to provide the person’s name, address and date of birth.\n(2) An enforcement officer may not exercise the power in paragraph (1)(h) except under the authority of a warrant issued under regulation 10.\n(3) Any entry to premises by virtue of paragraph (1)(a) may only be effected under the authority of a warrant issued under regulation 10 if—\n(a) entry has been refused and the enforcement officer apprehends on reasonable grounds that the use of force may be necessary to effect entry,\n(b) the enforcement officer apprehends on reasonable grounds that entry is likely to be refused and that the use of force may be necessary to effect entry, or\n(c) the premises are unoccupied.\n(4) Where an enforcement officer removes a document under the power in sub-paragraph (1)(h), that contains information in respect of which a claim to confidentiality of communications could be maintained in legal proceedings—\n(a) the information may not be used in evidence for the purpose of proceedings in relation to an offence under these regulations, and\n(b) the document must be returned to the premises from which it was removed, or to the person who had possession or control of it immediately before it was removed, as soon as reasonably practicable after the information is identified as information to which a claim of confidentiality could be maintained (but, the person may retain, or take copies of any other information contained in the document).\n(5) Nothing in paragraph (1)(h) compels the production by a person of any document of which that person would on grounds of legal professional privilege be entitled to withhold production on an order for the production of documents in an action in the Court of Session.\n(6) An enforcement officer seeking to exercise a power under paragraph (1) must produce evidence of identity and authority if requested by a person who is, or appears to be—\n(a) a supplier, or employee of a supplier of single-use vapes,\n(b) the owner or occupier of any premises in which the enforcement officer seeks to exercise the power concerned.\n(7) In this regulation, “document” includes any thing in which information of any description is recorded (by any means) and any part of such a thing.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2024/9780111060315/regulation/9",
    "retrieved_at": "2026-10-30T15:29:09.021454+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}