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Transport (Scotland) Act 2019

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87Enforcement powers: further provision

(1)This section applies to the powers conferred by section 85(1) (whether exercised by virtue of that section or under a warrant granted under section 86).

(2)The power of entry may be exercised only at a reasonable time of day.

(3)An authorised person seeking to exercise a power must, on request, produce evidence of the person’s identity and authorisation before exercising the power.

(4)An authorised person may take on to the premises such other persons, and such materials and equipment, as the authorised person considers necessary.

(5)If an authorised person enters the premises by virtue of a warrant, the authorised person must, if taking possession of anything under section 85(1)(c), leave a statement on the premises giving particulars of what has been taken and by whom.

(6)On leaving any premises which an authorised person is authorised to enter under a warrant, the person must, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against entry as the person found them.

(7)A person commits an offence if the person—

(a)without reasonable excuse, fails to comply with a requirement of an authorised person, or

(b)intentionally obstructs an authorised person in the exercise of a power conferred by section 85(1).

(8)A person who commits an offence under subsection (7) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum, and

(b)on conviction on indictment, to a fine.

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