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3(1)If it appears to the sheriff that there is in a specified person’s possession, custody or power specified material, or material of a specified description, to which the application relates, the sheriff may order such person either—
(a)to produce the material to a constable within a specified period for the constable to take away (a “production order”); or
(b)to give a constable access to the material within a specified period (an “access order”).
(2)The specified period shall be seven days beginning with the date of the order unless it appears to the sheriff making the order that a longer or shorter period would be appropriate in the particular circumstances of the application.
(3)Where an access order is made in relation to material on any premises the sheriff may, on the application of a constable, order any person who appears to the sheriff to be entitled to grant entry to the premises to allow a constable to enter the premises to obtain access to the material.
(4)In sub-paragraphs (1) and (2) above “specified” means specified in the order.
(5)Where a production or access order is made by virtue of paragraph 4 below, the provisions of this paragraph shall have effect subject to the modifications specified in that paragraph.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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