# The Official Controls (Agriculture etc.) (Scotland) Regulations 2019, Regulation 13: Powers of entry

Extent: S

(1) An enforcement officer may enter any premises (except any premises used wholly or mainly as a private dwelling) during normal working hours without prior notice, if the officer believes that it is necessary for the purpose of official controls or other official activities under these Regulations or the Official Controls Regulation.
(2) In circumstances where an enforcement officer is carrying out routine verification checks, notice must be provided before exercising a power of entry to premises during normal working hours.
(3) The requirement to give notice in paragraph (2) does not apply—
(a) where reasonable efforts to effect entry have failed;
(b) where the enforcement officer reasonably believes that giving notice would defeat the object of the entry, including any situation in which notice is not required under Article 9(4); or
(c) where the enforcement officer has a reasonable suspicion that any provision of these Regulations or the Official Controls Regulation has been contravened.
(4) An enforcement officer must, if requested to do so, produce a duly authenticated authorisation document.
(5) A justice of the peace, sheriff or summary sheriff may grant a warrant to permit an enforcement officer to enter any premises, including a dwelling, if necessary by reasonable force, if satisfied on sworn information in writing—
(a) that there are reasonable grounds to enter the premises for the purpose of enforcing these Regulations or the Official Controls Regulation; and
(b) that one or more of the conditions in paragraph (6) are met.
(6) The conditions are—
(a) that entry to the premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier;
(b) that asking for admission to the premises, or giving such a notice, would defeat the object of the entry;
(c) that entry is required urgently;
(d) that the premises are unoccupied or the occupier is temporarily absent.
(7) A warrant granted under this regulation shall continue in force for a period of one month.
(8) An enforcement officer entering any premises which are unoccupied, or from which the occupier is temporarily absent, must leave them as effectively secured against unauthorised entry as they were before entry.
(9) An enforcement officer may—
(a) be accompanied by such other persons, up to a maximum of three, as the officer considers necessary;
(b) bring onto the premises such equipment as the officer considers necessary.

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Source: https://www.legislation.gov.uk/ssi/2019/412/regulation/13 (the official version)
Page: https://openlegislation.uk/official-controls-agriculture-etc-scotland-regulations-2019/regulation-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.