PART 6Enforcement and offences

Powers of entry27

1

A veterinary inspector, or an officer of the Scottish Ministers acting under the direction of a veterinary inspector, may, for a relevant purpose, at all reasonable hours, enter any premises (except premises used wholly or mainly as a private dwelling house), vehicle or vessel.

2

A person entering premises, or a vehicle or vessel, under paragraph (1) must if required produce a duly authenticated document showing the person’s authority to enter.

3

Where paragraph (4) applies a justice of the peace, stipendiary magistrate or sheriff may by signed warrant permit a person mentioned in paragraph (1) to enter any premises, if necessary by reasonable force.

4

This paragraph applies where the justice, stipendiary magistrate or sheriff is satisfied, on sworn information in writing, that—

a

there are reasonable grounds to enter those premises for a relevant purpose; and

b

any of the conditions in paragraph (5) is met.

5

Those conditions are—

a

entry to the premises has been, or is likely to be, refused, and notice of intention to apply for a warrant has been given to the occupier;

b

asking for admission to the premises, or giving such notice, would defeat the object of entry;

c

entry is required urgently; or

d

the premises are unoccupied or the occupier is temporarily absent.

6

A warrant is valid for a period (fixed by the person granting it) of no more than three months.

7

A person entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.

8

A person entering premises, or a vehicle or vessel, under this article may—

a

take a vehicle;

b

take any equipment the person considers necessary; and

c

be accompanied by—

i

such other person as the person considers necessary; and

ii

a representative of the European Commission acting for the purpose of enforcement of an EU obligation.