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Antisocial Behaviour etc. (Scotland) Act 2004

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This is the original version (as it was originally enacted).

125Offences under sections 122 and 123: powers of entry, inspection and seizure

This section has no associated Explanatory Notes

(1)Subject to subsection (3), an authorised officer of a local authority may at any reasonable hour exercise any of the powers conferred by subsections (4) to (7).

(2)In subsection (1), “authorised officer”, in relation to a local authority, means an officer of the authority authorised in writing by it for the purposes of this section.

(3)An officer seeking to exercise a power mentioned in subsection (1) shall, if requested, produce evidence of identity and authorisation.

(4)The officer may, for the purpose of ascertaining whether a relevant offence has been committed—

(a)inspect any goods; and

(b)enter any premises (other than premises used only as a dwelling).

(5)If the officer has reasonable cause to suspect that a relevant offence has been committed, the officer may, for the purpose of ascertaining whether it has been committed—

(a)require any person carrying on, or employed in connection with, a business, to produce any records relating to the business; and

(b)take copies of, or of any entry in, any records produced by virtue of paragraph (a).

(6)If the officer has reasonable cause to believe that a relevant offence has been committed, the officer may, for the purpose of ascertaining, by testing or otherwise, whether it has been committed, seize and detain any goods.

(7)The officer may seize and detain any goods or records which the officer has reason to believe may be required as evidence in proceedings for a relevant offence.

(8)In this section, “relevant offence” means an offence under section 122(1) or 123(4).

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