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Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003

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This is the original version (as it was originally enacted).

52Grant of warrant to search premises or vehicles

(1)Any sheriff or justice of the peace, upon information on oath that there is probable cause to suspect that—

(a)a breach of any of the provisions of this Act has been committed; or

(b)any salmon or trout illegally taken, or any illegal nets or other engines or instruments are concealed,

on any premises or in any vehicle, may by warrant under the hand of such sheriff or justice authorize and empower any constable or water bailiff to enter such premises or vehicle, if necessary by force, for the purpose of detecting such offence, or such concealed fish or instruments, and to seize all illegal nets, engines or other instruments, or any salmon or trout illegally taken, that may be found on such premises or in such vehicle.

(2)A warrant granted under this section—

(a)may specify the time or times in the day or night at which it may be exercised; and

(b)shall not continue in force for more than one week from the date on which it is granted.

(3)A person authorised by a warrant issued under subsection (1) above to search any premises or any vehicle may search every person who is found in, or whom the person so authorised has reasonable ground to believe to have recently left or to be about to enter, those premises or that vehicle, as the case may be.

(4)No person shall in pursuance of any search authorised by this section be searched except by a person of the same sex.

(5)This section is subject to section 56 of this Act.

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