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Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026
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7Powers of entry, search and seizure
(1)An authorised person may, subject to subsection (8), enter and search any premises for the purpose of ascertaining whether or not an offence under section 2 or 3 has been or is being committed if condition A and condition B are satisfied.
(2)Condition A is that the authorised person has reasonable grounds to believe that—
(a)an offence under section 2 or 3 has been or is being committed at the premises, or
(b)the premises have been or are being used in connection with an offence under section 2 or 3.
(3)Condition B is that—
(a)permission has been given by the occupier of the premises (or another person with the authority to do so),
(b)a warrant has been granted under section 9 in relation to the premises, or
(c)subsection (4) applies.
(4)This subsection applies if—
(a)it appears to the authorised person that any delay would frustrate the purpose of ascertaining whether or not an offence under section 2 or 3 has been or is being committed, and
(b)the premises are not used as a dwelling.
(5)An authorised person may seize any thing found on the premises if the person has reasonable cause to believe that it may provide evidence of the commission of an offence under section 2 or 3.
(6)An authorised person, entitled by this section to enter premises, may take onto or into the premises any other person, or any equipment, as may be necessary for the purposes of assisting the authorised person.
(7)The occupier of the premises, or any person who appears to be under the direction or control of the occupier, must—
(a)comply with a reasonable direction given by an authorised person exercising a power under this section, and
(b)in particular, give the authorised person such information or assistance as the authorised person may reasonably require.
(8)This section does not apply in relation to any premises that are used, or which HIS (or a person acting on behalf of HIS) has reasonable cause to believe are used, for the purpose of providing an independent health care service.
(9)In this section, “premises” includes any—
(a)land or building,
(b)vehicle, vessel, trailer, aircraft or hovercraft,
(c)tent or other moveable structure.
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