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Civic Government (Scotland) Act 1982
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- UK Public General Acts
- 1982 c. 45
- Part I
- Section 6
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Civic Government (Scotland) Act 1982, Section 6 is up to date with all changes known to be in force on or before 15 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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6 Powers of entry to and search of unlicensed premises.S
(1)If a justice of the peace or sheriff is satisfied by evidence on oath that there is reasonable ground for suspecting that—
(a)an activity in respect to which a licence under this Act [F1(other than a knife dealer's licence) ] is required is being carried on in any premises, vehicle, or vessel; and
(b)no such licence is in force,
he may grant a warrant authorising any constable to enter and search the premises, vehicle or vessel specified in the warrant.
(2)A constable may use reasonable force in executing a warrant granted under subsection (1) above.
(3)A constable who is not in uniform shall produce his identification if required to do so by any person in or upon any premises, vehicle or vessel which the constable is about to enter, is entering or has entered under the powers conferred under subsection (1) above, and if he has been so required to produce his identification, he shall not be entitled to enter or search the premises, vehicle or vessel or, as the case may be, remain there or continue to search the premises, vehicle or vessel until he has produced it.
(4)Any person who fails without reasonable excuse to permit a constable in pursuance of a warrant granted under this section to enter and search any premises, vehicle or vessel or who obstructs the entry thereto or search thereof by a constable shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F2level 3 on the standard scale].
Textual Amendments
F1Words in s. 6(1)(a) inserted (1.6.2010) by Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17), ss. 59(2), 67(2); S.S.I. 2009/197, art. 2, sch.
F2Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
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