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Smoking, Health and Social Care (Scotland) Act 2005

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(1)An authorised officer of the appropriate council may enter and search any no-smoking premises in order to ascertain whether an offence under section 1, 2 or 3 has been or is being committed there.

(2)A power under this section may be exercised, if need be, by force.

(3)A person who—

(a)an authorised officer of a council reasonably believes—

(i)is committing or has committed an offence under section 1, 2 or 3; or

(ii)has information relating to such an offence; and

(b)fails without reasonable excuse to supply the officer with the person’s name and address on being so required by the officer,

commits an offence.

(4)A person guilty of an offence under subsection (3) is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(5)In this section—

  • “authorised” means authorised for the purposes of this section by the appropriate council;

  • “the appropriate council” means, in relation to no-smoking premises, the council of the area in which those premises are.

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