Section 4: Powers of entry and enforcement
21.Section 4(1) enable persons authorised in writing by the Scottish Ministers to enter and inspect premises where it is suspected that an offence under section 1(1) has been or is being committed. Anyone appointed by the court under section 3(1)(a) to carry out a forfeiture order may also enter any premises on which that person has reasonable grounds for suspecting that animals to which the order applies are being kept and carry out the order (subsection 4(2)). Under section 4(3), evidence of identity, authority or appointment (as the case may be) and the reason for seeking entry must be given. Neither of these powers of entry may be exercised in respect of a house (section 4(5)).
22.Section 4(4) creates an offence of intentionally obstructing or delaying any person in the exercise of their power of entry and the maximum penalty is a fine not exceeding level 3 on the standard scale (currently £1,000).
