Enforcement powers 6 Meaning of “authorised person” (1) In this Part, an “authorised person” is a person authorised by HIS to exercise functions 10 conferred on an authorised person by this Part. 1 (2) An authorised person must, on request, produce a document from HIS which confirms the person is authorised under subsection (1). 7 Powers of entry, search and seizure (1) An authorised person may, subject to subsection (8), enter and search any premises for 15 the purpose of ascertaining whether or not an offence under section 2 or 3 has been or is being committed if condition A and condition B are satisfied. (2) Condition A is that the authorised person has reasonable grounds to believe that— (a) an offence under section 2 or 3 has been or is being committed at the premises, or 20 (b) the premises have been or are being used in connection with an offence under section 2 or 3. (3) Condition B is that— (a) permission has been given by the occupier of the premises (or another person with the authority to do so), 25 (b) a warrant has been granted under section 9 in relation to the premises, or (c) subsection (4) applies. (4) This subsection applies if— (a) it appears to the authorised person that any delay would frustrate the purpose of ascertaining whether or not an offence under section 2 or 3 has been or is being 30 committed, and (b) the premises are not used as a dwelling. (5) An authorised person may seize any thing found on the premises if the person has reasonable cause to believe that it may provide evidence of the commission of an offence under section 2 or 3. 35 (6) An authorised person, entitled by this section to enter premises, may take onto or into the premises any other person, or any equipment, as may be necessary for the purposes of assisting the authorised person. 7 Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill Part 1—Non-surgical Procedures (7) The occupier of the premises, or any person who appears to be under the direction or control of the occupier, must— (a) comply with a reasonable direction given by an authorised person exercising a power under this section, and 5 (b) in particular, give the authorised person such information or assistance as the authorised person may reasonably require. (8) This section does not apply in relation to any premises that are used, or which HIS (or a person acting on behalf of HIS) has reasonable cause to believe are used, for the purpose of providing an independent health care service. 10 (9) In this section, “premises” includes any— 1 (a) land or building, (b) vehicle, vessel, trailer, aircraft or hovercraft, (c) tent or other moveable structure. 8 Restrictions on powers of entry, search and seizure 15 (1) A power under section 7(1) may be exercised by an authorised person only at a reasonable time unless it appears to the person that the purpose of exercising the power would be frustrated by exercising it at such a time. (2) On leaving any premises, the authorised person must, if the premises are unoccupied or the occupier of the premises is temporarily absent, leave the premises as effectively 20 secured against entry as the authorised person found them. (3) A thing seized under section 7(5) must be returned when its retention is no longer justified for the purpose of— (a) enabling it to be used in proceedings for an offence under section 2 or 3, or (b) enabling it to be forfeited in accordance with Part 2 of the Proceeds of Crime 25 (Scotland) Act 1995. (4) Subsection (3) does not apply to perishable things which no longer have any commercial value. 9 Conditions for issue of warrant (1) A sheriff or justice of the peace may grant a warrant under this section in relation to 30 premises if satisfied— (a) that there are reasonable grounds for believing that— (i) an offence under section 2 or 3 has been or is being committed at the premises, or (ii) the premises have been or are being used in connection with an offence 35 under section 2 or 3, and (b) condition A or condition B is satisfied. (2) Condition A is— (a) admission to the premises has been refused or a refusal may be reasonably expected, or 8 Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill Part 1—Non-surgical Procedures (b) notice of the intention to seek a warrant has been given to the occupier of the premises, or the giving of such notice would frustrate the purpose for which the warrant is sought. (3) Condition B is— 5 (a) that the premises are unoccupied, or (b) that the occupier of the premises is temporarily absent. 10 Expiry of warrant A warrant granted under section 9 remains in force until it is no longer required for the purpose for which it is granted. 10 11 Offence of obstructing an authorised person 1 A person commits an offence if the person— (a) intentionally prevents or obstructs an authorised person from doing anything which the authorised person is authorised or entitled to do by virtue of this Act, or (b) contravenes section 7(7) without reasonable excuse. 15 Enforcement of offences 12 Penalties A person who commits an offence under section 2, 3 or 11 is liable— (a) on summary conviction, to a fine not exceeding £20,000, (b) on conviction on indictment, to a fine. 20 offence 13 Individual culpability where organisation commits an (1) This section applies where— (a) an offence under section 2, 3 or 11 is committed by a relevant organisation, and (b) the commission of the offence— (i) involves consent or connivance on the part of a responsible individual, or 25 (ii) is attributable to neglect on the part of a responsible individual. (2) The responsible individual (as well as the relevant organisation) commits the offence. (3) For the purposes of this section— “relevant organisation” means an organisation listed in the first column of the table in subsection (4), 30 “responsible individual” means, in relation to a relevant organisation— (a) an individual falling within the corresponding entry in the second column of the table, or (b) an individual purporting to act in the capacity of an individual falling within the corresponding entry. 35 (4) The table is as follows— 9 Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill Part 1—Non-surgical Procedures Organisation Individual 2 Company as mentioned in section 1 of Director, manager, secretary or other similar 3 the Companies Act 2006 officer, or, where the company’s affairs are managed by its members, member 5 5 Limited liability partnership Member 6 Other partnership Partner 7 Any other body or association Individual who is concerned in the management or control of its affairs UK internal market: power to establish individual assessment process 10 13A UK internal market: power to establish individual assessment process 1 (1) The Scottish Ministers may by regulations make provision for or in connection with the establishment and administration of one or more processes to which section 26...