# The Proceeds of Crime Act 2002 (External Investigations) (Scotland) Order 2015, Article 13: Search warrants

Extent: S

(1) The sheriff may, on an application made to the sheriff by the procurator fiscal, issue a search warrant if the sheriff is satisfied—
(a) that article 3(2) is satisfied; and
(b) either of the requirements in paragraph (5) is fulfilled.
(2) The application must also state—
(a) the warrant is sought for the purposes of the external investigation;
(b) the warrant is sought in relation to the premises specified in the application;
(c) the warrant is sought in relation to material specified in the application, or that there are reasonable grounds for believing that there is material falling within article 14(5) on the premises.
(3) A search warrant is a warrant authorising a constable—
(a) to enter and search the premises specified in the application for the warrant; and
(b) to seize and retain any material found there which is likely to be of substantial value (whether or not by itself) to the external investigation.
(4) A constable may, if necessary, use reasonable force in executing a search warrant.
(5) The requirements for the issue of a search warrant are—
(a) that a production order made in relation to material has not been complied with and there are reasonable grounds for believing that the material is on the premises specified in the application for the warrant; or
(b) that article 14 is satisfied in relation to the warrant.
(6) An application for a search warrant may be made ex parte to a sheriff in chambers.

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Source: https://www.legislation.gov.uk/uksi/2015/206/article/13 (the official version)
Page: https://openlegislation.uk/proceeds-of-crime-act-2002-external-investigations-scotland-order-2015/article-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.