Coronavirus Act 2020

Enforcement U.K.

19 (1) Compliance with a direction issued under this Part of this Schedule may be enforced by— U.K.

(a) a constable;

(b) any other person, or description of person, designated in writing for the purpose of this paragraph by the Scottish Ministers.

(2) In exercising the power of enforcement conferred by sub-paragraph (1), a person may—

(a) enter any premises;

(b) if necessary, use reasonable force.

(3) The powers conferred by sub-paragraph (2) are exercisable in relation to Crown premises only with the consent of the appropriate authority.

(4) In sub-paragraph (3), “appropriate authority”, in relation to any premises—

(a) in the case of premises belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners,

(b) in the case of any other premises belonging to Her Majesty in right of the Crown, means the office-holder in the Scottish Administration or, as the case may be, government department having the management of the land or the relevant person, and

(c) in the case of premises belonging to an office-holder in the Scottish Administration or to a government department or held in trust for Her Majesty for the purposes of the Scottish Administration or a government department, means that office-holder or government department.

(5) In sub-paragraph (4)(b), “relevant person”, in relation to any premises to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages those premises.

(6) It is for the Scottish Ministers to determine any question which arises as to who is the appropriate authority in relation to any premises, and their decision is final.