Article 6 Powers of inspectorsI1
Scotland
Subject to paragraphs (2) to (4), an inspector may, if the inspector has reasonable grounds for suspecting that there is present on any premises, whether inside or outside the management zone, any susceptible material that is being or has been moved in contravention of article 3, enter those premises and may—
seize, remove, destroy or treat any such material found on those premises or require the removal, destruction or treatment of that material;
examine, photograph or mark any part of the premises, any such material or any object found on those premises;
take samples of any such material or any other material which may have been in contact with any such material or from any container or package found on those premises; and
inspect or make copies of any documents or records (in whatever form they may be held) relating to any such material.
Before exercising the power in paragraph (1) an inspector must, unless it is not practicable to do so, give the person in charge of the premises reasonable notice and must, if requested to do so, produce a duly authenticated authorisation document.
The power to enter premises conferred by paragraph (1) may be exercised by an inspector in respect of premises used wholly or mainly as a dwelling only if the inspector has been granted a warrant by a sheriff or justice of the peace.
A sheriff or justice of the peace may grant a warrant under paragraph (3) only if satisfied—
that admission to any premises has been refused, or is likely to be refused, or that the case is one of urgency, or that a request for admission might prejudice the purpose of the entry; and
that there are reasonable grounds for entry.
A warrant granted under paragraph (3) is valid—
for one month; or
until the purpose for which the warrant is granted has been fulfilled,
whichever period is the shorter.
When exercising the power in paragraph (1) an inspector may be accompanied by any other person and any equipment or vehicles as the inspector considers necessary.