Part IV

Offences, Powers of Constables, etc.

Powers of constables etc.

Protection of insecure premises.
61
1
Where—
a
any premises have been left open, unlocked or otherwise insecure; and
b
in the opinion of a constable, the insecurity of the premises is likely to conduce to the commission of an offence,
the constable may take such reasonable steps as he may consider necessary to make the premises secure.
2
Any reasonable expense incurred by a constable in making any premises secure under subsection (1) above may be recovered by the Scottish Police Authority from the occupier (or, where there is no occupier, from the tenant or, where there is no occupier or tenant, from the owner) of the premises.
Act partly in force at Royal Assent see s. 137(2); Act wholly in force at 1. 1. 1985 see S.I. 1983/201 as amended by S.I. 1984/573 and 744.
Act (except s. 16 which applies to England and Wales) applies to Scotland only see s. 137(9).
Act excluded (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act (c. xix), ss. 1, 12(2), Sch. Pt. V
Words in s. 61(2) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 6(3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)