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PART 4Enforcement and penalties

Execution of warrants

11.—(1) Entry under a warrant must be within three months from the date of its issue.

(2) Where the occupier of the premises to be entered and searched is present at the time when an authorised person seeks to execute a warrant to enter it, the authorised person must—

(a)identify themselves to the occupier and must produce evidence of their authority to the occupier;

(b)produce the warrant to the occupier; and

(c)supply the occupier with a certified copy of it.

(3) Where the occupier of the premises is not present at the time when an authorised person seeks to execute such a warrant, but some other person who appears to the authorised person to be in charge of the premises is present, paragraph (2) has effect as if any reference to the occupier were a reference to that other person.

(4) If there is no person present who appears to the authorised person to be in charge of the premises, the authorised person must leave a copy of the warrant in a prominent place on the premises.

(5) A warrant must be returned to the designated officer for the local justice area in which the justice of the peace, summary sheriff or sheriff was acting when the warrant was issued—

(a)when it has been executed; or

(b)in the case of a warrant which has not been executed, on or before the expiry of three months from the date of its issue.

(6) In Scotland the designated officer is the sheriff’s clerk if the warrant was issued by a summary sheriff or sheriff, and the clerk of the justice of the peace’s court if the warrant was issued by a justice of the peace.

(7) A warrant which is returned under paragraph (5) must be retained for 12 months from its return by the designated officer for the local justice area.

(8) If during the period for which a warrant must be retained the occupier of the premises to which it relates asks to inspect it, such inspection must be allowed.