The Trade in Animals and Related Products (Scotland) Regulations 2012

Powers of entry

28.—(1) An authorised officer may, on producing a duly authenticated authorisation if required, enter any premises (excluding any premises used only as a dwelling house) at any reasonable hour for the purpose of enforcing these Regulations.

(2) In this regulation “premises” includes any place, vehicle, trailer, container, stall, moveable structure, ship or aircraft.

(3) The officer may be accompanied by such other persons as the officer considers necessary, including any representative of the European Commission.

(4) Admission to any premises used only as a dwellinghouse may not be demanded as of right unless the entry is in accordance with a warrant granted under this regulation.

(5) If a sheriff, stipendiary magistrate or justice of the peace, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises for the purpose of enforcing these Regulations and that either—

(a) admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier; or

(b) an application for admission, or the giving of such notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,

the sheriff, stipendiary magistrate or justice may by signed warrant authorise an authorised officer, together with any person who may accompany the officer under paragraph (3), to enter the premises, if need be by reasonable force.

(6) A warrant granted under this regulation continues in force for one month.

(7) An officer who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.