Fireworks and Pyrotechnic Articles (Scotland) Act 2022

Prospective

Power to enter premises without warrant S

4 (1) An officer of a local weights and measures authority may enter premises at any reasonable time.

(2) In the case of a routine inspection, the power of entry in sub-paragraph (1) may only be exercised if a notice has been given to the occupier of the premises in accordance with the requirements in sub-paragraph (3), unless sub-paragraph (4) applies.

(3) Those requirements are that—

(a) the notice is in writing and is given by the officer,

(b) the notice sets out why the entry is necessary and indicates the nature of the offence under section 42 (obstruction), and

(c) there are at least two working days between the date of receipt of the notice and the date of entry.

(4) A notice need not be given if the occupier has waived the requirement to give notice.

(5) In this paragraph “routine inspection” means an exercise of the power under sub-paragraph (1) other than where—

(a) the power is exercised by an officer who reasonably suspects that an offence has been, or is being, committed under section 5 or 22, or

(b) the officer reasonably considers that to give notice in accordance with sub-paragraph (2) would defeat the purpose of the entry.

(6) If an officer enters premises under sub-paragraph (1) that are occupied, otherwise than in the course of a routine inspection, the officer must provide to an occupier a document that—

(a) sets out why the entry is necessary, and

(b) indicates the nature of the offence under section 42.

(7) If an officer enters premises under sub-paragraph (1) that are occupied, the officer must produce evidence of the officer's identity and authority to an occupier.

(8) An officer need not comply with sub-paragraph (6) or (7) if it is not reasonably practicable to do so.

(9) Proceedings resulting from the exercise of the power under sub-paragraph (1) are not invalid merely because of a failure to comply with sub-paragraph (6) or (7).

(10) An officer entering premises under sub-paragraph (1) may be accompanied by such persons, and may take onto the premises such equipment, as the officer considers necessary.

(11) In this paragraph—

• “occupier”, in relation to premises, means any person an officer of a weights and measures authority reasonably suspects to be the occupier of the premises,

• “premises” includes any—

  (a)

  land or building,

  (b)

  vehicle, vessel, trailer, aircraft or hovercraft,

  (c)

  tent or moveable structure,

  except where the premises are used wholly or mainly as a private dwelling,

• “working day” means any day other than—

  (a)

  Saturday or Sunday,

  (b)

  Christmas Day or Good Friday, or

  (c)

  a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in Scotland.

Commencement Information

I1 Sch. 2 para. 4 not in force at Royal Assent, see s. 56(2)