Explanatory Notes

Marine (Scotland) Act 2010

2010 asp 5

10 March 2010

The Act

Part 7 – Common Enforcement Powers Etc.: Licensing and Marine Protection Etc.

Common enforcement powers of entry, search and seizure

Section 135 - Power to enter and inspect premises

196.Section 135 sets out the powers of marine enforcement officers to enter and inspect premises. Premises include land. Entry must be at a reasonable time unless the officer believes that, by waiting for that reasonable time, the purpose of entering the premises may be thwarted. The officer also has the power to request assistance from people who have some control in the situation. This may be needed for instance in unlocking a door or opening a container. Where the premises are a dwelling, a warrant is needed before the power of entry may be exercised. Provisions regarding warrants are set out in section 137.