Supplementary

11AF1Prohibitions on possession of fireworks – power of search: Scotland

1

A constable may search a person without warrant if the constable has reasonable grounds for suspecting that the person possesses a firework in contravention of a prohibition imposed by fireworks regulations.

2

A constable may detain a person for such time as is reasonably required to permit a search of the person under subsection (1) to be carried out.

3

A constable who detains a person under subsection (2) must inform the person of the reason for the detention.

4

If in the course of a search under this section, a constable discovers a firework which the constable has reasonable grounds for suspecting is being possessed by the person in contravention of a prohibition imposed by fireworks regulations, the constable may seize it.

5

A person who—

a

intentionally obstructs a constable in the exercise of the constable's power under subsection (1) or (2); or

b

conceals from a constable acting in the exercise of the constable's power under subsection (1) any firework whose possession contravenes a prohibition imposed by fireworks regulations,

commits an offence.

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7

A person who commits an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.