Search Legislation

Smoking Prohibition (Children in Motor Vehicles) (Scotland) Act 2016

The structure of the Act

Section 3 – Powers to enter and require information

10.Section 3 empowers an authorised officer of a local authority to enter and search a parked private motor vehicle within the area of the local authority in order to check whether an offence under section 1 has been or is being committed. Subsection (2) makes it an offence for an individual, reasonably believed by an authorised officer of a local authority to have committed an offence under section 1 or to have information relating to such an offence, to fail without reasonable excuse to provide their name and address when requested to do so by that officer. The penalty for an offence committed under subsection (2) is a fine not exceeding level 3 on the standard scale.

Back to top


Print Options


Explanatory Notes

Text created by the Scottish Government 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.


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