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

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

2026 asp 13

The Act

Overview

Part 1: Non-surgical Procedures

Section 8: Restrictions on powers of entry, search and seizure

67. This section sets out restrictions on an authorised person’s powers of entry, search and seizure.

68. Subsection (1) requires an authorised person to exercise the power of entry and search under section 7(1) at a reasonable time unless doing so would frustrate the purpose of exercising the power.

69. Under subsection (2), an authorised person must leave premises as effectively secured as the authorised person found them if the premises are unoccupied or the occupier of the premises is temporarily absent.

70. Subsections (3) and (4) provide that any thing seized by an authorised person, other than a perishable item that no longer has commercial value, must be returned when retention is no longer justified for the purpose of—

• enabling the item to be used in proceedings for an offence under section 2 or 3 of the Act (as evidence), or

• enabling it to be forfeited in accordance with Part 2 of the Proceeds of Crime (Scotland) Act 1995, which makes provision for property which has been used in crime to be forfeited.