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The Pesticides (Maximum Residue Levels) (Scotland) Regulations 2008

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1.—(1) An inspector may, on producing (if so required) a duly authenticated authorisation, enter any premises at any reasonable hour for the purpose of ensuring that the provisions of these Regulations are being complied with.

(2) Admission to any premises used only as a private dwelling house may not be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupier, or the entry is in accordance with a warrant granted under this paragraph.

(3) If a justice, on receipt of sworn information in writing, is satisfied that there are reasonable grounds for entry onto any premises for the purposes of the enforcement of these Regulations, and either–

(a)admission has been refused, or a refusal is expected, and (in either case) that notice to apply for a warrant has been given to the occupier;

(b)asking for admission, or the giving of such a notice, would defeat the object of the entry;

(c)the case is one of urgency; or

(d)the premises are unoccupied or the occupier is temporarily absent,

the justice may by signed warrant, authorise the inspector to enter the premises, if need be, by reasonable force.

(4) A warrant under this paragraph is valid for the period of one month from the date upon which it is signed.

(5) If an inspector enters any unoccupied premises, the inspector must leave them as effectively secured against unauthorised entry as the inspector found them.

(6) In this paragraph–

“justice” means a sheriff, stipendiary magistrate or justice of the peace; and

“premises” includes any place, vehicle, trailer, container, stall, moveable structure, ship, vessel, marine structure, hovercraft or aircraft.

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