Serious Organised Crime and Police Act 2005

129Corresponding Scottish offenceS

This section has no associated Explanatory Notes

(1)A person commits an offence if he enters, or is on, any designated Scottish site without lawful authority.

(2)A “designated Scottish site” means a site in Scotland—

(a)specified or described (in any way) in an order made by the Secretary of State, and

(b)designated for the purposes of this section by the order.

(3)The Secretary of State may only designate a site for the purposes of this section if it appears to him that it is appropriate to designate the site in the interests of national security.

(4)It is a defence for a person charged with an offence under this section to prove that he did not know, and had no reasonable cause to suspect, that the site in relation to which the offence is alleged to have been committed was a designated Scottish site.

(5)A person guilty of an offence under this section is liable on summary conviction—

(a)to imprisonment for a term not exceeding 12 months, or

(b)to a fine not exceeding level 5 on the standard scale,

or to both.

(6)For the purposes of subsection (1), a person who is on any designated Scottish site without lawful authority does not acquire lawful authority by virtue of being allowed time to leave the site.

(7)In this section “site” means the whole or part of any building or buildings, or any land, or both.

Commencement Information

I1S. 129 in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(n)