47.—(1) The sheriff may, on an application made to the sheriff by the Scottish Ministers, issue a search warrant if the sheriff is satisfied—
(a)that [F1a person specified in the application or] property specified in the application is subject to an external investigation,
(b)the condition in article 37(2) is met in respect of the [F2person or] property, and
(c)either of the requirements in paragraph (6) is fulfilled
(2) In issuing a search warrant the sheriff shall act in exercise of the sheriff’s civil jurisdiction.
(3) The application must F3... state that the warrant is sought—
(a)for the purposes of the external investigation,
(b)in relation to the premises specified in the application,
(c)in relation to material specified in the application, or that there are reasonable grounds for believing that there is material falling within article 48(6) on the premises.
(4) A search warrant is a warrant authorising a proper person—
(a)to enter and search the premises specified in the application for the warrant, and
(b)to seize and retain any material specified in the warrant which is found there which is likely to be of substantial value (whether or not by itself) to the external investigation.
(5) A proper person may, if necessary, use reasonable force in executing a search warrant.
(6) The requirements for the issue of a search warrant are—
(a)that a production order made in relation to material has not been complied with and there are reasonable grounds for believing that the material is on the premises specified in the application for the warrant, or
(b)that article 48 is satisfied in relation to the warrant.
(7) An application for a search warrant may be made ex parte to a sheriff in chambers.
Textual Amendments
F1Words in art. 47(1)(a) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 18(2)
F2Words in art. 47(1)(b) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 18(3)
F3Word in art. 47(3) omitted (30.11.2015) by virtue of The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 18(4)
Commencement Information