Freedom of Information (Scotland) Act 2002

Grant of warrants

1 (1) If a sheriff is satisfied by evidence on oath supplied by the Commissioner that there are reasonable grounds for suspecting—

(a) that a Scottish public authority has failed or is failing to comply with—

(i) any of the requirements of Part 1 of this Act;

(ii) so much of a notice given to it by the Commissioner under subsection (5) of section 49 as, by virtue of subsection (6)(b) of that section, requires steps to be taken; or

(iii) an information notice or an enforcement notice; or

(b) that an offence under section 65(1) has been or is being committed,

and that evidence of such a failure to comply or of the commission of the offence is to be found on any premises specified as part of that evidence, the sheriff, subject to paragraph 2, may grant to the Commissioner such warrant as is mentioned in sub-paragraph (2).

(2) The warrant is one which authorises the Commissioner, or any member of the Commissioner’s staff, at any time within seven days after the date of the warrant—

(a) to enter and search the premises;

(b) to inspect and seize any documents or other material found there which may constitute the evidence in question; and

(c) to inspect, examine, operate and test any equipment found there in which information held by the authority may be recorded.