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 9: Conditions for issue of warrant

71. This section provides a means for an authorised person to obtain a warrant from a sheriff or justice of the peace to enter and search premises for the purpose of ascertaining whether or not an offence under section 2 or 3 has been or is being committed.

72. Before granting a warrant to enter and search premises under this section, the sheriff or justice of the peace must be satisfied that—

• there are reasonable grounds for believing that either an offence under section 2 or 3 of the Act has been or is being committed at the premises, or that the premises have been or are being used in connection with an offence under section 2 or 3 of the Act, and

• either—

• the authorised person has been refused entry to the premises (or a refusal may be reasonably expected), or notice of the intention to seek a warrant has been given to the occupier of the premises (or the giving of notice would frustrate the purpose for which the warrant is sought), or

• the premises are unoccupied, or the occupier of the premises is temporarily absent.