# The Trade in Animals and Related Products (Scotland) Regulations 2012, Regulation 28: Powers of entry

Extent: S

(1) An authorised officer of the Scottish Ministers or an enforcement agency may enter any premises during normal working hours without prior notice at a reasonable hour (except any premises used wholly or mainly as a private dwelling) if the officer believes that it is necessary to enter for the purpose of enforcing these Regulations.
(2) An authorised officer must, if requested to do so, produce a duly authenticated authorisation document.
(3) A justice of the peace, sheriff or summary sheriff may sign a warrant to permit an enforcement officer to enter any premises, including dwelling-houses, if necessary by reasonable force, if the justice, sheriff or summary sheriff on sworn information in writing is satisfied—
(a) that there are reasonable grounds to enter those premises for the purpose of enforcing these Regulations; and
(b) that one or more of the conditions in paragraph (4) are met.
(4) 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.
(5) A warrant is valid for 30 days from the date of signature.
(6) An authorised 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.
(7) An authorised 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/2012/177/regulation/28 (the official version)
Page: https://openlegislation.uk/trade-in-animals-and-related-products-scotland-regulations-2012/regulation-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.