(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.
F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.]
Textual Amendments
F1Ss. 11A, 11B inserted (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 76, 104(1); S.S.I. 2006/432, art. 2(d)
F2S. 11A(6) repealed (S.) (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 16(a); S.S.I. 2017/345, art. 3, sch.