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Section 32 Powers of entry: constablesI1

(1)

A constable who suspects with reasonable cause that any person is committing or has committed an offence under Chapter 1 or 2 F1or any regulations made under those Chapters may enter any premises (other than premises used only as a private dwelling house) for the purpose of obtaining evidence of the offence.

(2)

A right to enter any premises conferred by subsection (1) may be exercised only at a reasonable time.

(3)

A sheriff may by warrant authorise a constable authorised to exercise the power conferred by subsection (1) to do so (if necessary using reasonable force) in accordance with the warrant.

(4)

A warrant may be granted under subsection (3) only if the sheriff is satisfied, by evidence on oath, that there are reasonable grounds for suspecting that an offence under Chapter 1 or 2 F2or any regulations made under those Chapters is or has been committed on the premises.

Annotations

Textual amendments

F1

Words in s. 32(1) inserted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), ss. 64(3), 175(1)

F2

Words in s. 32(4) inserted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), ss. 64(3), 175(1)

Commencement

I1

S. 32 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)