Supplementary

F111AProhibitions on possession of fireworks – power of search: Scotland

(1)

A constable may search a person without warrant if the constable has reasonable grounds for suspecting that the person possesses a firework in contravention of a prohibition imposed by fireworks regulations.

(2)

A constable may detain a person for such time as is reasonably required to permit a search of the person under subsection (1) to be carried out.

(3)

A constable who detains a person under subsection (2) must inform the person of the reason for the detention.

(4)

If in the course of a search under this section, a constable discovers a firework which the constable has reasonable grounds for suspecting is being possessed by the person in contravention of a prohibition imposed by fireworks regulations, the constable may seize it.

(5)

A person who—

(a)

intentionally obstructs a constable in the exercise of the constable's power under subsection (1) or (2); or

(b)

conceals from a constable acting in the exercise of the constable's power under subsection (1) any firework whose possession contravenes a prohibition imposed by fireworks regulations,

commits an offence.

F2(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

A person who commits an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.