Wild Animals in Travelling Circuses (Scotland) Act 2018

Entry and associated powers S

2 S An inspector may enter any premises (other than domestic premises)—

(a) if there are reasonable grounds for believing that a section 1 offence has been or is being committed at the premises, and

(b) for the purpose of ascertaining whether or not a section 1 offence has been or is being committed at the premises.

Commencement Information

I1 Sch. 1 para. 2 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

3 (1) A sheriff or justice of the peace may grant a warrant under this sub-paragraph if satisfied— S

(a) that there are reasonable grounds for believing—

(i) that a section 1 offence has been or is being committed at any premises, or

(ii) that evidence of the commission of, or participation in, a section 1 offence is to be found at any premises, and

(b) that condition A or condition B is satisfied in relation to the premises.

(2) Condition A is—

(a) that—

(i) admission to the premises has been refused, or

(ii) such a refusal may reasonably be expected, and

(b) that—

(i) notice of the intention to seek a warrant has been given to the occupier of the premises, or

(ii) the giving of such notice would frustrate the purpose for which the warrant is sought.

(3) Condition B is—

(a) that the premises are unoccupied, or

(b) that the occupier is temporarily absent.

Commencement Information

I2 Sch. 1 para. 3 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

4 S A warrant under paragraph 3(1) authorises an inspector or a constable—

(a) to enter the premises,

(b) to search for and examine any animal, and

(c) to search for, examine and seize any equipment, document or other thing tending to provide evidence of the commission of, or participation in, a section 1 offence.

Commencement Information

I3 Sch. 1 para. 4 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2

5 (1) An inspector or a constable may exercise the powers in sub-paragraph (2) without a warrant under paragraph 3(1)— S

(a) if it appears to the inspector or, as the case may be, constable that any delay would frustrate the purpose for which the powers are to be exercised, and

(b) in relation only to premises other than domestic premises.

(2) The powers are—

(a) to enter premises,

(b) to search for and examine any animal, and

(c) to search for, examine and seize any equipment, document or other thing tending to provide evidence of the commission of, or participation in, a section 1 offence.

Commencement Information

I4 Sch. 1 para. 5 in force at 28.5.2018 by S.S.I. 2018/149, reg. 2