- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)This section applies where an investigator who is entitled to enter premises by virtue of the power conferred by section 22 considers, on reasonable grounds, that there is an emergency.
(2)The power of entry which the investigator has—
(a)may be exercised at any time; and
(b)includes power to use reasonable force.
(3)Where the premises in relation to which the investigator proposes to exercise the power are a dwellinghouse, section 26 does not apply.
(4)The investigator may, on entering premises by virtue of this section—
(i)any other person authorised by the investigator and, if the investigator has reasonable cause to expect any serious obstruction in obtaining access, a constable; and
(ii)any equipment or materials required for any purpose for which the power of entry is being exercised;
(i)those premises (or any part of them) are; or
(ii)any thing in or on them is,
to be left undisturbed (whether generally or in particular respects) for so long as the investigator considers appropriate;
(c)exercise any power mentioned in sections 23 to 25.
(5)Where the investigator enters premises by virtue of this section, section 22(2) applies.
(6)In this section, there is an “emergency” if—
(a)there is a significant risk to public health; and
(b)the nature of that risk is such that immediate action is necessary—
(i)to verify the existence of the risk;
(ii)to ascertain the cause of the risk; or
(iii)to take action to prevent, or prevent the spread of, infectious disease or contamination.
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Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
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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