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Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Act 2026

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8Restrictions on powers of entry, search and seizure

(1)A power under section 7(1) may be exercised by an authorised person only at a reasonable time unless it appears to the person that the purpose of exercising the power would be frustrated by exercising it at such a time.

(2)On leaving any premises, the authorised person must, if the premises are unoccupied or the occupier of the premises is temporarily absent, leave the premises as effectively secured against entry as the authorised person found them.

(3)A thing seized under section 7(5) must be returned when its retention is no longer justified for the purpose of—

(a)enabling it to be used in proceedings for an offence under section 2 or 3, or

(b)enabling it to be forfeited in accordance with Part 2 of the Proceeds of Crime (Scotland) Act 1995.

(4)Subsection (3) does not apply to perishable things which no longer have any commercial value.

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