Powers of constables
Section 40—Power of entry etc. with warrant
99.Section 40 confers power on a sheriff, summary sheriff(4) or justice of the peace to grant a warrant authorising a constable to enter and search premises (including houses, vehicles, and moveable structures like a tent) where the constable has reasonable grounds for believing that an offence has been, or is being, committed under the Act at the premises, or there is evidence at the premises of such an offence having been committed.
100.By virtue of subsection (3), the warrant may authorise the constable to break into premises and search anything in, or anyone on, the premises. The constable can take away anything that the constable thinks is evidence that an offence under the Act is being or has been committed. Subsection (4) allows a constable to require material which is in, for example, digital format to be printed or saved onto a device that the police can take away.
Section 41—Search for fireworks or pyrotechnic articles without warrant
101.Where a constable has reasonable grounds to suspect that a person has committed or may be committing an offence under the Act, the constable may stop and search the person and, if relevant, a vehicle (and anything on or in it). This particularly relates to the possession of fireworks or pyrotechnic articles in circumstances where those items are prohibited such as at a designated sporting event or public assembly. However, it may also be relevant where a person is suspected of having acquired fireworks without having a fireworks licence.
102.Where a constable finds a firework or pyrotechnic article which tends to show that an offence is being (or has been) committed under the Act, the constable can keep that item, as well as any other item found in the course of a search which may be relevant to the commission of the offence, as evidence.
Section 42—Offence of obstructing an officer of a local weights and measures authority
103.Section 42 makes it an offence for a person to intentionally obstruct or refuse to co-operate with Trading Standards(5) officers in the exercise of their functions under the Act (see subsection (1)(a)) or to fail to provide the officer with such assistance as may be requested. It is also an offence for a person to intentionally or recklessly supply incorrect information or make an untrue statement to a Trading Standards officer. Obstructing a constable is already an offence under section 90 of the Police and Fire Reform (Scotland) Act 2012.
104.An offence under this section is punishable (on summary conviction) by a fine not exceeding level 5 on the standard scale (currently £5,000) or a term of imprisonment not exceeding 6 months, or both.
Section 43—Offence of impersonating officer of a local weights and measures authority
105.Section 43 makes it an offence to claim to be a Trading Standards officer exercising powers under the Act. An offence under this section is punishable (on summary conviction) by a fine not exceeding level 5 on the standard scale (currently £5,000).
Sheriff is defined in schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010 by reference to section 134 of the Courts Reform (Scotland) Act 2014 (which states that references to sheriff include references to any other member of judiciary of the sheriffdom, so far as that member has the jurisdiction and competence that attaches to the office of sheriff). Under section 45(1) of the Courts Reform (Scotland) Act 2014 a summary sheriff may, in relation to criminal investigations and proceedings, exercise the jurisdiction and powers that attach to the office of sheriff.
Described in the Act as a local weights and measures authority, (see paragraph 92 for further details).
