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Fireworks and Pyrotechnic Articles (Scotland) Act 2022

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Access to seized items and documentsS

This section has no associated Explanatory Notes

11(1)This paragraph applies where a thing seized by an officer of a local weights and measures authority under this schedule is retained by the authority.

(2)If a request for permission to be granted access to that thing is made to the local weights and measures authority by a person who had custody or control of it immediately before it was seized, the authority must allow that person access to it under the supervision of an officer of the authority.

(3)If a request for a photograph or copy of that thing is made to the local weights and measures authority by a person who had custody or control of it immediately before it was seized, the authority must—

(a)allow that person access to it under the supervision of an officer of the authority for the purpose of photographing or copying it, or

(b)photograph or copy it, or cause it to be photographed or copied.

(4)Where anything is photographed or copied under sub-paragraph (3), the photograph or copy must be supplied to the person who made the request within a reasonable time from the making of the request.

(5)This paragraph does not require access to be granted to, or a photograph or copy to be supplied of, a thing if the local weights and measures authority has reasonable grounds for believing that to do so would prejudice the investigation for the purposes of which it was seized.

(6)A local weights and measures authority may recover the reasonable costs of complying with a request under this paragraph from the person by whom or on whose behalf it was made.

(7)References in this paragraph to a person who had custody or control of a thing immediately before it was seized include a representative of such a person.

Commencement Information

I1Sch. 2 para. 11 not in force at Royal Assent, see s. 56(2)

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