Section 28 Powers of entry etc.I1

(1)

For the purpose of carrying out a council's functions under this Part, a council officer is entitled to—

(a)

enter any premises (other than premises used only as a private dwelling house),

(b)

inspect and examine the premises,

(c)

require the production of any book, document, data, record (in whatever form it is held) or product and inspect it, and take copies of or extracts from it,

(d)

take possession of any book, document, data, record (in whatever form it is held) or product which is on the premises and retain it for as long as the officer considers necessary,

(e)

require any person to give the officer such information, or afford the officer such facilities and assistance, as the officer considers necessary.

(2)

A person is not required by subsection (1) to answer any question or produce any document which the person would be entitled to refuse to answer or produce in proceedings in a court in Scotland.

Annotations

Commencement

I1: S. 28 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.

Notes on Part 1

Textual amendments

F1: Pt. 1 heading substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 8 para. 2 (with Sch. 8 para. 20)
F2: Words in Pt. 1 heading inserted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(7), Sch. 9 para. 2; S.S.I. 2026/210, reg. 2(1)