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Animal Health and Welfare (Scotland) Act 2006

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This is the original version (as it was originally enacted).

Entry and search etc. in connection with offences

This section has no associated Explanatory Notes

4(1)A sheriff or justice of the peace may grant a warrant under this sub-paragraph if satisfied—

(a)that there are reasonable grounds for believing—

(i)that a relevant offence has been committed at premises, or

(ii)that evidence of the commission of, or participation in, a relevant offence is to be found at premises, and

(b)that paragraph 5 is complied with in relation to the premises.

(2)A warrant under sub-paragraph (1) authorises an inspector or a constable to—

(a)enter the premises, and

(b)search for, examine and seize any animal (including the carcase of an animal), equipment, document or other thing tending to provide evidence of the commission of, or participation in, a relevant offence.

(3)An inspector or a constable may—

(a)enter premises and search for, examine and seize any animal (including the carcase of an animal), equipment, document or other thing tending to provide evidence of the commission of, or participation in, a relevant offence, and

(b)do so without a warrant under sub-paragraph (1),

if it appears that delay would frustrate the purpose for which the search is to be carried out.

(4)Sub-paragraph (3) does not apply in relation to domestic premises.

(5)In this paragraph, a “relevant offence” is—

(a)an offence under sections 19 to 23,

(b)an offence under section 24,

(c)an offence under section 29,

(d)an offence under section 40(11).

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