The Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021

[F1 Power of entry S

16A.— (1) A relevant person may enter premises—

(a) for the purpose of the performance of the relevant person’s functions under these Regulations, and

(b) if the condition in paragraph (3)(a) is met.

(2) A relevant person may enter premises at any time if—

(a) that person reasonably suspects that an offence under regulation 16 has been or is being committed on the premises,

(b) that person reasonably believes that it is necessary and proportionate to enter the premises for the purposes of the investigation of, or the prevention of the continuation of, such an offence, and

(c) the condition in paragraph (3)(b), (c) or (d) is met.

(3) The condition is that—

(a) the person who appears to be the occupier of the premises has consented to the relevant person entering the premises,

(b) the relevant person—

(i) has requested permission to enter the premises from the person who appears to be the occupier of the premises, but permission has been refused, and

(ii) reasonably believes the situation to be urgent,

(c) the occupier of the premises is temporarily absent and the relevant person reasonably believes the situation to be urgent, or

(d) the entry is effected under the authority of a warrant issued under paragraph (7).

(4) For the purposes of paragraph (3)(b)(ii) or (3)(c), a reasonable belief in urgency means that the relevant person considers immediate entry to the premises to be necessary and proportionate for the purpose of preventing the continuation of the offence and for the purpose of preventing, protecting against, controlling or providing a public health response to the incidence or spread of infection or contamination with coronavirus.

(5) A relevant person entering premises in accordance with paragraph (2) may use reasonable force to enter the premises if necessary.

(6) A relevant person entering premises in accordance with paragraph (1) or (2) may take such other persons, equipment and materials onto the premises as the relevant person considers necessary.

(6) A relevant person must, if requested to do so, produce a document or any other thing showing the relevant person’s authority to exercise the power of entry in accordance with this regulation.

(7) A sheriff or justice of the peace may by warrant authorise a relevant person to enter premises under this regulation.

(8) A warrant under this regulation continues in force until the purpose for which it is issued is fulfilled.

(9) In this regulation, “relevant person” has the meaning given in regulation 15(8)(b).]

Textual Amendments

F1 Reg. 16A inserted (1.10.2021 at 5.00 a.m.) by The Health Protection (Coronavirus) (Requirements) (Scotland) Amendment (No. 2) Regulations 2021 (S.S.I. 2021/349), regs. 1(1), 2(7)