Wildlife Management and Muirburn (Scotland) Act 2024

Prospective

Power of entry with warrant S

11 (1) A sheriff may grant a warrant under this paragraph authorising an officer of a local weights and measures authority to enter premises if the sheriff is satisfied, by evidence on oath, that—

(a) there are reasonable grounds for suspecting—

(i) that an offence under section 2 or 3 has been, or is being, committed at the premises, or

(ii) that there is an item or document on the premises that the officer has the power to inspect or require to be produced, and

(b) one of the following conditions is met—

(i) access to the premises has been or is likely to be refused and notice of the officer’s intention to apply for a warrant under this paragraph has been given to the occupier of the premises,

(ii) it is likely that items or documents on the premises would be concealed or interfered with if notice of entry on the premises were given to the occupier of the premises, or

(iii) the premises are unoccupied or the occupier of the premises is absent and it might defeat the purpose of the entry to wait for the occupier’s return.

(2) A warrant granted under this paragraph remains in force for a period of 28 days beginning with the day on which it was granted.

(3) An officer may be accompanied by such persons, and may take onto the premises such equipment, as the officer considers necessary.

(4) A warrant granted under this paragraph may authorise an officer to—

(a) enter the premises by force if necessary,

(b) exercise the powers in paragraph 7, 8, 9 or 10.

(5) If the premises are occupied when the officer enters them, the officer must produce the warrant for inspection to an occupier of the premises.

(6) Sub-paragraph (7) applies if the premises are unoccupied or the occupier is temporarily absent.

(7) On leaving the premises, the officer must—

(a) leave a notice on the premises stating that the premises have been entered under a warrant under this paragraph, and

(b) leave the premises as effectively secured as the officer found them.

(8) In this paragraph—

• “occupier”, in relation to premises, means any person an officer of a weights and measures authority reasonably suspects to be the occupier of the premises,

• “premises” includes any—

  (a)

  land or building,

  (b)

  vehicle, vessel, trailer, aircraft or hovercraft,

  (c)

  tent or moveable structure,

  (whether or not the premises are used wholly or mainly as a private dwelling).

Commencement Information

I1 Sch. para. 11 not in force at Royal Assent, see s. 35(2)