Hunting with Dogs (Scotland) Act 2023

Schedule Enforcement powers

(introduced by section 18)

Interpretation

1 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,

• “premises” includes—

  (a)

  land,

  (b)

  any other place, including—

  (i)

  a vehicle or vessel,

  (ii)

  a tent or other moveable structure,

• “relevant offence” means—

  (a)

  an offence under section 1(1),

  (b)

  an offence under section 2(1) or (2),

  (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.

Entry and associated powers

2 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.

3 (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.

4 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.

5 (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.

6 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.

7 (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.

Stopping and detaining vehicles or vessels

8 (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

9 A warrant granted under paragraph 3(1) expires when it is no longer required for the purpose for which it is granted.

10 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.

11 A constable may, if necessary, use reasonable force when exercising a relevant power.

12 A constable exercising a relevant power must produce evidence of the constable’s authority if asked to do so.

13 (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.

14 (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).

15 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.

Offences

16 (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.

Powers of constables under this schedule

17 The powers conferred on constables by this schedule do not affect any powers conferred on constables apart from this schedule.