Search Legislation

Wild Animals in Travelling Circuses (Scotland) Act 2018

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Wild Animals in Travelling Circuses (Scotland) Act 2018. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

S

Wild Animals in Travelling Circuses (Scotland) Act 2018

2018 asp 3

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th December 2017 and received Royal Assent on 24th January 2018

An Act of the Scottish Parliament to make it an offence to use wild animals in travelling circuses.

Offence and what it coversS

1Wild animals in travelling circuses: offenceS

(1)A person who is a circus operator commits an offence if the person uses, or causes or permits another person to use, a wild animal in a travelling circus.

(2)An offence under this section is committed in relation to a travelling circus only if the wild animal is transported, whether regularly or irregularly, from one place to another where it is used in the travelling circus, but—

(a)the animal need not be in the course of being transported for the offence to be committed,

(b)it is immaterial to the commission of the offence whether or not the transportation of the animal is with, or is part of, the travelling circus.

(3)For the purpose of this section, a wild animal is used if the animal—

(a)performs, or

(b)is displayed or exhibited.

(4)A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 1 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

2Meaning of wild animalS

(1)In this Act, “wild animal” means an animal other than one of a kind that is commonly domesticated in the British Islands.

(2)For the purpose of subsection (1), an animal is of a kind that is domesticated if the behaviour, life cycle or physiology of animals of that kind has been altered as a result of the breeding or living conditions of multiple generations of animals of that kind being under human control.

(3)In this section—

  • animal” has the same meaning as in Part 2 of the Animal Health and Welfare (Scotland) Act 2006 (see section 16 of that Act),

  • British Islands” has the meaning given in schedule 1 of the Interpretation Act 1978.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2S. 2 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

3Meaning of other key termsS

In this Act—

  • circus operator”, in relation to a circus, means—

    (a)

    the owner of the circus,

    (b)

    any person, other than the owner, with overall responsibility for the operation of the circus, or

    (c)

    if neither of the persons mentioned in paragraph (a) or (b) is present in the United Kingdom, the person in the United Kingdom who is ultimately responsible for the operation of the circus,

  • “travelling circus”—

    (a)

    means a circus which travels, whether regularly or irregularly, from one place to another for the purpose of providing entertainment,

    (b)

    includes—

    (i)

    a circus which travels as mentioned in paragraph (a) for the purpose mentioned there, despite there being periods during which it does not travel from one place to another,

    (ii)

    any place where a wild animal associated with such a circus is kept (including temporarily),

    (but not, for example, a circus which travels in order to relocate to a new fixed base for use only or mainly as a place to give performances).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3S. 3 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

4Power to specify animals as wild or notS

(1)The Scottish Ministers may by regulations specify—

(a)a kind of animal that is to be regarded as wild,

(b)a kind of animal that is not to be regarded as wild,

for the purposes of this Act.

(2)For the avoidance of doubt—

(a)whatever is done by regulations under subsection (1)(a) is without prejudice to the generality of section 2,

(b)the generality of section 2 is subject to whatever is done by regulations under subsection (1)(b).

(3)Regulations under this section—

(a)may make different provision for different purposes,

(b)are subject to the affirmative procedure.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4S. 4 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

5Power to describe what is or is not a travelling circusS

(1)The Scottish Ministers may by regulations describe a particular type of undertaking, act, entertainment or similar thing that—

(a)is to be regarded as a travelling circus,

(b)is not to be regarded as a travelling circus,

for the purposes of this Act.

(2)For the avoidance of doubt—

(a)whatever is done by regulations under subsection (1)(a) is without prejudice to the generality of section 3,

(b)the generality of section 3 is subject to whatever is done by regulations under subsection (1)(b).

(3)Regulations under subsection (1)—

(a)may make different provision for different purposes,

(b)are subject to the affirmative procedure.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5S. 5 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

Individual liability for organisational offendingS

6Individual culpability where organisation commits offenceS

(1)This section applies where—

(a)an offence under section 1 is committed by a relevant organisation, and

(b)the commission of the offence—

(i)involves consent or connivance on the part of a responsible individual, or

(ii)is attributable to neglect on the part of a responsible individual.

(2)The responsible individual (as well as the relevant organisation) commits the offence.

(3)For the purposes of this section—

(a)relevant organisation” means an organisation listed in the first column of the table in subsection (4),

(b)responsible individual” means, in relation to a relevant organisation—

(i)an individual falling within the corresponding entry in the second column of the table in subsection (4), or

(ii)an individual purporting to act in the capacity of an individual falling within the corresponding entry.

(4)The table is as follows—

Organisation Individual
company as mentioned in section 1 of the Companies Act 2006director, manager, secretary or other similar officer
member, where the company's affairs are managed by its members
limited liability partnershipmember
other partnershippartner
any other body or associationindividual who is concerned in the management or control of its affairs
Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6S. 6 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

EnforcementS

7Powers of enforcementS

(1)Schedule 1 makes provision about the powers of inspectors and constables for the purposes of and in connection with this Act.

(2)Schedule 2 makes further provision about the application of schedule 1 in relation to Crown land.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7S. 7 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

GeneralS

8Crown applicationS

(1)Nothing in this Act makes the Crown criminally liable.

(2)The Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable if it were not for subsection (1).

(3)Subsection (1) does not affect the criminal liability of persons in the service of the Crown.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8S. 8 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

9CommencementS

(1)This section and section 10 come into force on the day after Royal Assent.

(2)The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

(3)Different days may be appointed for different purposes.

10Short titleS

The short title of this Act is the Wild Animals in Travelling Circuses (Scotland) Act 2018.

SCHEDULE 1SENFORCEMENT POWERS

(introduced by section 7(1))

Interpretation S

1In this schedule—S

  • constable” has the meaning given by section 99(1) of the Police and Fire Reform (Scotland) Act 2012,

  • “domestic premises”—

    (a)

    means premises, or a part of premises, used (or used for the time being) exclusively as a dwelling-house, and

    (b)

    includes any land or structure—

    (i)

    belonging to or usually enjoyed with the dwelling-house, or

    (ii)

    adjacent to and for the time being enjoyed with the dwelling-house,

  • inspector” means a person appointed as an inspector for the purposes of this Act—

    (a)

    by the Scottish Ministers, or

    (b)

    by a local authority,

  • premises” includes—

    (a)

    land,

    (b)

    any other place, including—

    (i)

    a vehicle or vessel,

    (ii)

    a tent or other moveable structure,

  • relevant power” means a power conferred on an inspector or a constable by—

    (a)

    a provision of this schedule, or

    (b)

    a warrant granted under a provision of this schedule,

  • section 1 offence” means an offence under section 1.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I9Sch. 1 para. 1 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

Entry and associated powersS

2An inspector may enter any premises (other than domestic premises)—S

(a)if there are reasonable grounds for believing that a section 1 offence has been or is being committed at the premises, and

(b)for the purpose of ascertaining whether or not a section 1 offence has been or is being committed at the premises.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I10Sch. 1 para. 2 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

3(1)A sheriff or justice of the peace may grant a warrant under this sub-paragraph if satisfied—S

(a)that there are reasonable grounds for believing—

(i)that a section 1 offence has been or is being committed at any premises, or

(ii)that evidence of the commission of, or participation in, a section 1 offence is to be found at any premises, and

(b)that condition A or condition B is satisfied in relation to the premises.

(2)Condition A is—

(a)that—

(i)admission to the premises has been refused, or

(ii)such a refusal may reasonably be expected, and

(b)that—

(i)notice of the intention to seek a warrant has been given to the occupier of the premises, or

(ii)the giving of such notice would frustrate the purpose for which the warrant is sought.

(3)Condition B is—

(a)that the premises are unoccupied, or

(b)that the occupier is temporarily absent.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I11Sch. 1 para. 3 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

4A warrant under paragraph 3(1) authorises an inspector or a constable—S

(a)to enter the premises,

(b)to search for and examine any animal, and

(c)to search for, examine and seize any equipment, document or other thing tending to provide evidence of the commission of, or participation in, a section 1 offence.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I12Sch. 1 para. 4 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

5(1)An inspector or a constable may exercise the powers in sub-paragraph (2) without a warrant under paragraph 3(1)—S

(a)if it appears to the inspector or, as the case may be, constable that any delay would frustrate the purpose for which the powers are to be exercised, and

(b)in relation only to premises other than domestic premises.

(2)The powers are—

(a)to enter premises,

(b)to search for and examine any animal, and

(c)to search for, examine and seize any equipment, document or other thing tending to provide evidence of the commission of, or participation in, a section 1 offence.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I13Sch. 1 para. 5 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

Stopping and detaining vehiclesS

6(1)A constable in uniform may stop and detain a vehicle or vessel for the purpose of the exercise of a relevant power.S

(2)An inspector, if accompanied by a constable in uniform, may stop and detain a vehicle or vessel for the purpose of the exercise of a relevant power.

(3)A vehicle or vessel may be detained under sub-paragraph (1) or (2) for so long as it is reasonably required for the purpose of the exercise of the power concerned.

(4)The power concerned may be exercised either at the place where the vehicle or vessel was first detained or nearby.

(5)In this paragraph, “vehicle” includes caravan (within the meaning of section 29(1) of the Caravan Sites and Control of Development Act 1960).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I14Sch. 1 para. 6 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

Entry and associated powers: supplementaryS

7A warrant granted under paragraph 3(1) remains in force for a period of 28 days beginning with the day on which it was granted.S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I15Sch. 1 para. 7 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

8A person exercising a relevant power must do so at a reasonable time unless it appears to the person that the purpose of exercising the power would be frustrated by exercising it at such a time.S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I16Sch. 1 para. 8 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

9(1)A person may, if necessary, use reasonable force when exercising a relevant power.S

(2)Sub-paragraph (1) does not apply to the power conferred by paragraph 2.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I17Sch. 1 para. 9 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

10A person exercising a relevant power must, if required, produce evidence of the person's authority.S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I18Sch. 1 para. 10 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

11(1)A relevant power includes power to take onto premises—S

(a)such persons for assistance as are required for the purpose of exercising the power, and

(b)such equipment as is required for that purpose.

(2)A relevant power includes power to do or secure the doing of any of the following—

(a)the carrying out of tests on, and taking of samples from—

(i)an animal,

(ii)any equipment, substance or other thing,

(b)the identifying of an animal by use of a mark, microchip or any other method of identification.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I19Sch. 1 para. 11 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

12(1)A person mentioned in sub-paragraph (2) must—S

(a)comply with any reasonable direction made by an inspector, or a constable, exercising a relevant power, and

(b)in particular, give the inspector or constable such information and assistance as the inspector or constable may reasonably require.

(2)The persons are—

(a)the occupier of premises in relation to which a relevant power is being exercised,

(b)as respects the premises of a circus in relation to which a relevant power is being exercised, the circus operator,

(c)a person who appears to be under the direction or control of a person mentioned in paragraph (a) or (b).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I20Sch. 1 para. 12 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

13A person exercising a relevant power in relation to unoccupied premises must leave the premises as effectively secured against entry as the person found them.S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I21Sch. 1 para. 13 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

OffencesS

14(1)A person who, without reasonable excuse, contravenes paragraph 12(1) commits an offence.S

(2)A person who intentionally obstructs an inspector or constable in the exercise of a relevant power commits an offence.

(3)A person who commits an offence under sub-paragraph (1) or (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I22Sch. 1 para. 14 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

Liability of inspectorsS

15(1)An inspector is not liable in any civil or criminal proceedings for anything done in the purported performance of the inspector's functions under this schedule where the inspector acts on reasonable grounds and in good faith.S

(2)Sub-paragraph (1) applies to any person taken onto premises by an inspector under paragraph 11(1)(a) as it applies to an inspector if the person is in the company, and under the supervision, of an inspector exercising functions under this schedule.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I23Sch. 1 para. 15 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

Powers of constables under this scheduleS

16The powers conferred on constables by this schedule are without prejudice to any powers conferred on constables apart from this schedule.S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I24Sch. 1 para. 16 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

SCHEDULE 2SCROWN LAND

(introduced by section 7(2))

1A power of entry conferred by a provision of schedule 1, or a warrant granted under such a provision, is exercisable in relation to Crown land only with the consent of the appropriate authority.S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I25Sch. 2 para. 1 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

2(1)In paragraph 1, “Crown land” means land an interest in which—S

(a)belongs to Her Majesty—

(i)in right of the Crown, or

(ii)in right of Her private estates,

(b)belongs to—

(i)an office-holder in the Scottish Administration, or

(ii)a Government Department, or

(c)is held in trust for Her Majesty for the purposes of the Scottish Administration or a Government Department.

(2)In paragraph 1, “appropriate authority” in relation to land—

(a)in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners,

(b)in the case of other land belonging to Her Majesty in right of the Crown, means—

(i)where an office-holder in the Scottish Administration has the management of the land, the office-holder,

(ii)where a Government Department has the management of the land, the Government Department, or

(iii)where the land is land to which section 90B(5) of the Scotland Act 1998 applies, the person who has the management of that land,

(c)in the case of land belonging to Her Majesty in right of Her private estates, means a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers,

(d)in the case of land—

(i)belonging to an office-holder in the Scottish Administration or to a Government Department, or

(ii)held in trust for Her Majesty for the purposes of the Scottish Administration or a Government Department,

means the relevant office-holder or (as the case may be) Government Department.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I26Sch. 2 para. 2 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

3(1)In paragraph 2—S

(a)Government Department” means a department of the Government of the United Kingdom,

(b)the references to Her Majesty's private estates are to be construed in accordance with section 1 of the Crown Private Estates Act 1862.

(2)It is for the Scottish Ministers to determine any question that arises as to who in accordance with paragraph 2 is the appropriate authority in relation to any land (and their decision is final).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I27Sch. 2 para. 3 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

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.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources