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Burial and Cremation (Scotland) Act 2016

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This is the original version (as it was originally enacted).

91Powers of entry and inspection

This section has no associated Explanatory Notes

(1)An inspector may if authorised to do so by the Scottish Ministers—

(a)enter any premises (other than a dwelling-house) associated with the carrying out of any function of—

(i)a burial authority,

(ii)a cremation authority,

(iii)a funeral director, or

(iv)a health authority,

(b)require the production of any documents, records or registers which a person mentioned in paragraph (a) is required to have or maintain under or by virtue of this Act, and

(c)inspect and take copies of such documents, records or registers.

(2)The powers in subsection (1) may be exercised by an inspector only for the purposes of—

(a)ascertaining whether an offence under or by virtue of this Act has been or is being committed,

(b)carrying out any function conferred on the inspector by virtue of regulations under this Act, or

(c)(in the case of the power conferred by subsection (1)(a)(iv)) determining whether a health authority is complying with requirements relating to records or registers imposed on it by this Act.

(3)If an inspector exercises a power of entry by virtue of subsection (1), the inspector may take onto the premises such other persons, and such materials and equipment, as the inspector considers necessary.

(4)A power of entry under subsection (1) must be exercised at a reasonable hour.

(5)An inspector who proposes to exercise a power conferred under subsection (1) must, if so required, produce evidence of the inspector’s identity and authorisation before exercising the power.

(6)In this section, “health authority” means a Health Board or an independent health care service.

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