SCHEDULES

SCHEDULE 22Powers to issue directions relating to events, gatherings and premises

PART 3Powers relating to events, gatherings and premises in Scotland

19Enforcement

1

Compliance with a direction issued under this Part of this Schedule may be enforced by—

a

a constable;

b

any other person, or description of person, designated in writing for the purpose of this paragraph by the Scottish Ministers.

2

In exercising the power of enforcement conferred by sub-paragraph (1), a person may—

a

enter any premises;

b

if necessary, use reasonable force.

3

The powers conferred by sub-paragraph (2) are exercisable in relation to Crown premises only with the consent of the appropriate authority.

4

In sub-paragraph (3), “appropriate authority”, in relation to any premises—

a

in the case of premises belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners,

b

in the case of any other premises belonging to Her Majesty in right of the Crown, means the office-holder in the Scottish Administration or, as the case may be, government department having the management of the land or the relevant person, and

c

in the case of premises belonging to an office-holder in the Scottish Administration or to a government department or held in trust for Her Majesty for the purposes of the Scottish Administration or a government department, means that office-holder or government department.

5

In sub-paragraph (4)(b), “relevant person”, in relation to any premises to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages those premises.

6

It is for the Scottish Ministers to determine any question which arises as to who is the appropriate authority in relation to any premises, and their decision is final.