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The Environmental Protection (Restriction on Use of Lead Shot) (Scotland) Regulations 2004

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Powers of investigation etc: police

5.—(1) A constable who suspects with reasonable cause that any person is committing or has committed an offence under these Regulations may without warrant–

(a)stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;

(b)search for, search or examine any thing which that person may then be using or may have used, or may have or have had in the person’s possession, if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found in or on that thing;

(c)seize and detain for the purposes of proceedings under these Regulations any thing which may be evidence of the commission of the offence.

(2) A constable who suspects with reasonable cause that any person is committing or has committed an offence under these Regulations may, for the purpose of exercising the powers conferred by paragraph (1), enter any land other than a dwelling or lockfast premises.

(3) If a sheriff or justice of the peace is satisfied, by evidence on oath, that there are reasonable grounds for suspecting that an offence under these Regulations has been committed and that evidence of the offence may be found on any premises other than a dwelling, the sheriff or justice may grant a warrant authorising a constable to enter those premises, if necessary using reasonable force, and search them for the purposes of obtaining that evidence.

(4) A warrant under paragraph (3) continues in force until the purpose for which the entry is required has been satisfied, or, if earlier, the expiry of such period as the warrant may specify.

(5) A constable who enters any land in the exercise of a power conferred by this regulation–

(a)may–

(i)be accompanied by any other persons; and

(ii)take any machinery, other equipment or materials on to the land,

for the purpose of assisting the constable in the exercise of that power; and

(b)may take samples of any articles or substances found there and remove the samples from the land.

(6) A power specified in paragraph (5)(a) or (b) which is exercisable under a warrant is subject to the terms of the warrant.

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