ScheduleEnforcement powers
I1I181Interpretation
In this schedule—
“domestic premises”—
- a
means premises, or a part of premises, used (or used for the time being) exclusively as a dwelling-house, and
- b
includes any land or structure—
- i
belonging to or usually enjoyed with the dwelling-house, or
- ii
adjacent to and for the time being enjoyed with the dwelling-house,
- i
- a
“premises” includes—
- a
land,
- b
any other place, including—
- i
a vehicle or vessel,
- ii
a tent or other moveable structure,
- i
- a
“relevant offence” means—
- a
- b
- c
an offence under section 12(1),
- d
an offence under section 14(1), (3) or (4),
- e
an offence under section 22(10),
- f
an offence under section 25(8),
“relevant power” means a power conferred on a constable by—
- a
a provision of this schedule, or
- b
a warrant granted under a provision of this schedule.
- a
Entry and associated powers
I2I192
A constable may enter any premises (other than domestic premises)—
a
if there are reasonable grounds for suspecting that a relevant offence has been or is being committed at the premises, and
b
for the purpose of ascertaining whether or not a relevant offence has been or is being committed at the premises.
I3I203
1
A sheriff or justice of the peace may grant a warrant under this sub-paragraph if satisfied—
a
that there are reasonable grounds for suspecting—
i
that a relevant offence has been or is being committed at any premises, or
ii
that evidence of the commission of, or participation in, a relevant offence is to be found at any premises, and
b
that sub-paragraph (2) or (3) applies.
2
This sub-paragraph applies if—
a
admission to the premises has been refused or such a refusal may reasonably be expected, and
b
either—
i
notice of the intention to seek a warrant has been given to the occupier of the premises, or
ii
the giving of such notice would frustrate the purpose for which the warrant is sought.
3
This sub-paragraph applies if—
a
the premises are unoccupied, or
b
the occupier is temporarily absent.
I4I214
A warrant under paragraph 3(1) authorises a constable—
a
to enter the premises,
b
to search for, examine and seize any animal (including the carcase of an animal), vehicle, equipment, document or other thing tending to provide evidence of the commission of, or participation in, a relevant offence.
I5I225
1
A constable may exercise the powers in sub-paragraph (2) without a warrant under paragraph 3(1) if—
a
it appears to the constable that any delay would frustrate the purpose for which the powers are to be exercised, and
b
the premises are not domestic premises.
2
The powers are—
a
to enter premises,
b
to search for, examine and seize any animal (including the carcase of an animal), vehicle, equipment, document or other thing tending to provide evidence of the commission of, or participation in, a relevant offence.
I6I236
The power to seize an animal or vehicle under paragraph 4(b) or 5(2)(b) may only be exercised—
a
where the animal or vehicle is in the possession or control of a person who the constable has reasonable grounds for suspecting has committed or is committing a relevant offence, and
b
where the constable considers it appropriate to seize the animal or vehicle for the purposes of—
i
enabling the animal or vehicle to be used in proceedings for a relevant offence, or
ii
enabling the animal or vehicle to be forfeited in accordance with Part 2 of the Proceeds of Crime (Scotland) Act 1995.
I7I247
1
A thing seized in exercise of the power in paragraph 4(b) or 5(2)(b) must be returned when retention of it is no longer justified for the purposes of—
a
enabling it to be used in proceedings for a relevant offence, or
b
enabling it to be forfeited in accordance with Part 2 of the Proceeds of Crime (Scotland) Act 1995.
2
Sub-paragraph (1) does not apply to perishable things which no longer have any commercial value.
I8I258Stopping and detaining vehicles or vessels
1
A constable in uniform may stop and detain a vehicle or vessel for the purpose of the exercise of a relevant power.
2
A vehicle or vessel may be detained under sub-paragraph (1) for so long as it is reasonably required for the purpose of the exercise of the power concerned.
3
The power concerned may be exercised either at the place where the vehicle or vessel was first detained or nearby.
4
In this paragraph, “vehicle” includes caravan (within the meaning of section 29(1) of the Caravan Sites and Control of Development Act 1960).
Entry and associated powers: supplementary
I9I269
A warrant granted under paragraph 3(1) expires when it is no longer required for the purpose for which it is granted.
I10I2710
A constable exercising a relevant power must do so at a reasonable time unless it appears to the constable that the purpose of exercising the power would be frustrated by exercising it at such a time.
I11I2811
A constable may, if necessary, use reasonable force when exercising a relevant power.
I12I2912
A constable exercising a relevant power must produce evidence of the constable’s authority if asked to do so.
I13I3013
1
A relevant power includes power to take onto premises—
a
such persons for assistance as are required for the purpose of exercising the power, and
b
such equipment as is required for that purpose.
2
A relevant power includes power to do or secure the doing of any of the following—
a
the carrying out of tests on, and taking of samples from—
i
an animal (including the carcase of an animal),
ii
any equipment, substance or thing,
b
the identifying of an animal by use of a mark, microchip or any other method of identification.
I14I3114
1
A person mentioned in sub-paragraph (2) must—
a
comply with any reasonable direction made by a constable exercising a relevant power, and
b
in particular, give the constable such information and assistance as the constable may reasonably require.
2
The persons are—
a
the occupier of premises in relation to which a relevant power is being exercised,
b
a person who, in relation to an animal at the premises, appears—
i
to be the owner of the animal,
ii
to be responsible for the animal on a temporary or permanent basis,
iii
to be in charge of the animal,
iv
to have actual care and control of a person under the age of 16 years who is responsible for the animal,
c
a person who appears to be under the direction or control of a person mentioned in paragraph (a) or (b).
I15I3215
A constable exercising a relevant power in relation to unoccupied premises must leave the premises as effectively secured against entry as the constable found them.
I16I3316Offences
1
A person commits an offence if the person contravenes paragraph 14(1) without reasonable excuse.
2
A person commits an offence if the person intentionally obstructs a constable in the exercise of a relevant power.
3
A person who commits an offence under sub-paragraph (1) or (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
I17I3417Powers of constables under this schedule
The powers conferred on constables by this schedule do not affect any powers conferred on constables apart from this schedule.