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Part 1Tobacco products etc.

Chapter 3Enforcement and fixed penalties

Powers of entry etc.

32Powers of entry: constables

(1)A constable who suspects with reasonable cause that any person is committing or has committed an offence under Chapter 1 or 2 may enter any premises (other than premises used only as a private dwelling house) for the purpose of obtaining evidence of the offence.

(2)A right to enter any premises conferred by subsection (1) may be exercised only at a reasonable time.

(3)A sheriff may by warrant authorise a constable authorised to exercise the power conferred by subsection (1) to do so (if necessary using reasonable force) in accordance with the warrant.

(4)A warrant may be granted under subsection (3) only if the sheriff is satisfied, by evidence on oath, that there are reasonable grounds for suspecting that an offence under Chapter 1 or 2 is or has been committed on the premises.