108.This section confers power on a sheriff (and summary sheriff (see below)) 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 there are reasonable grounds for believing that an offence has been, or is being, committed under section 1, 2, 3 or 12 at the premises, or there is evidence at the premises of such an offence having been committed. A warrant may be granted if the premises are unoccupied (including temporarily unoccupied). A warrant may also be granted if access to the premises has been refused or is reasonably expected to be refused, and, unless it would frustrate the purpose of the warrant, notice has been given to the occupier.
109.By virtue of subsection (5), 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 section 1, 2, 3 or 12 of the Act is being or has been committed. Subsection (7) 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.
110.“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.
111.This section restricts the powers granted by a warrant under section 24. The power of entry may only be exercised at a reasonable time of day. For example, in the case of domestic premises, outside normal sleeping hours and in the case of business premises, during normal business hours. And where the premises were unoccupied or the occupier was temporarily absent, the constable must leave the premises as effectively secured against entry as the constable found them.
112.Section 26 introduces the schedule, which makes provision about the powers of Trading Standards (and its officers) to enforce the offences under sections 2 and 3 of the Act in its area and related matters.
113.In Scotland, a local weights and measures authority is the local authority for the area. In these Notes, the local weights and measures authority for a local authority area is referred to as “
114.This section makes it an offence for a person to intentionally obstruct or refuse to co-operate with Trading Standards officers(9) in the exercise of their functions under the Act 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 a false 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.
115.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.
116.This section makes it an offence to claim to be a Trading Standards officer(10) 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).
117.This section makes provision where offences under section 1, 2 or 3 or Part 2 are committed by legal entities such as companies, partnerships, and associations. Where an offence under the Act is committed by a “relevant organisation”, this section provides that the relevant organisation and, in some cases, a “responsible individual” in that organisation are both to be held responsible. This section ensures that those running legal entities who are responsible for the decisions leading to an offence under the Part can also be prosecuted for it.
118.The Act will apply to the Crown by virtue of section 20 of the ILRA 2010. In line with usual practice for Acts of the Scottish Parliament, section 23 has the effect that the Crown cannot be found criminally liable in terms of the offences created by the Act. However, through the mechanism in subsection (2), any unlawful conduct on the part of Crown bodies can be declared unlawful by the Court of Session. Subsection (3) has the effect that this section does not exempt civil servants etc. from criminal prosecution.
119.This section deals with the possibility that the police may need to search Crown land (the different types of which are set out in the left-hand column). As there can be security and other considerations in relation to searching Crown land, there is an additional step of seeking permission from the appropriate authority before entry may be taken and the search carried out.
120.This section requires the Scottish Ministers to carry out a review of the operation and effectiveness of the Act in respect of the prohibition of glue traps and snares, the extension of the powers of inspectors (by virtue of section 8A of this Act) and the licensing of the making of muirburn. The review must be completed no later than 5 years after the day on which the Act receives Royal Assent, and a report must be prepared, laid before the Scottish Parliament and published.
121.This section allows regulations under the Act to include the ancillary provision listed, and to make different provision for different purposes. This section does not apply to regulations under section 35(2) (relating to the commencement of provisions of this Act).
122.This section allows the Scottish Ministers, by regulations, to make standalone ancillary provision in relation to the Act, once enacted, or any provision made under it. Any regulations making ancillary provision which textually amends primary legislation will be subject to the affirmative procedure; otherwise, any regulations making ancillary provision under this power will be subject to the negative procedure(11) (see subsections (2) and (3)).
123.This section makes provision in relation to the commencement of the Act. The sections on commencement, and the short title come into force automatically on the day after the Act receives Royal Assent. The other provisions will come into force in accordance with regulations made by the Scottish Ministers.
124.This section provides that the short title of the Act is the Wildlife Management and Muirburn (Scotland) Act 2024.
See paragraph 113.
See paragraph 113
The negative procedure is defined by section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010.Back [3]