The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020

Power of entry S

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

(a) for the purpose of the performance of that 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 5(1) is taking place on the premises,

(b) that person reasonably believes that it is necessary and proportionate to enter the premises for the purpose of preventing the continuation of the offence, and

(c) a 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 (10).

(4) For the purposes of paragraph (3)(b)(ii) and (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.

[F1 (5) Where the offence referred to in paragraph (2)(a) is a contravention of one of the provisions mentioned in any of the following sub-paragraphs, a constable must reasonably suspect that there is a gathering inside a private dwelling which consists of more than—

(a) fifteen persons, in relation to a contravention of paragraph 8 (restriction on gatherings in private dwellings) of schedule 1 (level 0 restrictions),

(b) fifteen persons, in relation to a contravention of paragraph 9 (restriction on gatherings in private dwellings) of schedule 2 (level 1 restrictions),

(c) fifteen persons, in relation to a contravention of paragraph 13 (restriction on gatherings in private dwellings) of schedule 3 (level 2 restrictions),

(d) six persons, in relation to a contravention of paragraph 12 (restriction on gatherings in private dwellings) of schedule 4 (level 3 restrictions), or

(e) six persons, in relation to a contravention of paragraph 13 (restriction on gatherings in private dwellings) of schedule 5 (level 4 restrictions).]

(6) A relevant person entering premises in accordance with paragraph (1) or (2) may—

(a) use reasonable force to enter the premises if necessary, and

(b) take such other persons, equipment and materials onto the premises as the relevant person considers necessary.

(7) A relevant person must, if requested to do so, provide a document or any other thing showing the relevant person's authority to exercise the power of entry in this regulation.

(8) Subject to paragraph (9), for the purposes of this regulation, “relevant person” has the meaning in regulation 4(11).

(9) A relevant person within the meaning of regulation 4(11)(b) may only enter premises in relation to a requirement in Part 1 (closure of premises) or Part 2 (other restrictions on business) in any of schedules 1 to 5.

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

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

Textual Amendments

F1 Reg. 6(5) substituted (17.5.2021) by The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 23) Regulations 2021 (S.S.I. 2021/209), regs. 1(2), 5

Commencement Information

I1 Reg. 6 in force at 2.11.2020 at 6.00 a.m., see reg. 1(1)