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Last updated: 23 May 2020

Explanantory Notes PostMortem Examinations Defence Time Limit Scotland Bill

Any such order must specify the period during which the body may be retained. There is no upper limit to how long this period may be, but an order may be granted only “on cause shown”, so the Crown would need to give reasons to the court justifying any particular length of per...
Last updated: 19 August 2020

Solicitors in The Supreme Courts of Scotland Act 1871

Indentures May Be Transferred **Repealed** **24.
Last updated: 1 October 2019

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Enforcement 5 16 Enforcement officers (1) An “enforcement officer” is an individual designated as such by Glasgow City Council. (2) Glasgow City Council may designate an individual as an enforcement officer only if the individual— (a) is an inspector of weights and measures (appointed under section 72(1) of the 10 Weights and Measures Act 1985), or (b) meets such other criteria as may be specified by the Scottish Ministers in regulations. 17 General enforcement powers (1) An enforcement officer may take such reasonable steps as the officer considers 15 appropriate— (a) for the purpose of preventing or ending the commission of an offence under this Act (a “Championship offence”), or (b) in connection with proceedings, or anticipated proceedings, in respect of a Championship offence. 20 (2) Such steps may include seizing, concealing or destroying anything which the officer reasonably believes to be an infringing article (but see section 18). (3) An “infringing article” is— (a) an article used in connection with the commission of a Championship offence, or (b) a receptacle used as a container for such an article. 25 (4) An enforcement officer may be assisted by any other person as may be reasonably required for the purposes of taking action under this section. 18 Restrictions on general enforcement powers (1) An infringing article may be seized by an enforcement officer only if the officer considers it appropriate to do so for the purpose of— 30 (a) ending the commission of a Championship offence, (b) preventing the future commission of such an offence, (c) enabling the article to be used in proceedings for such an offence, or (d) enabling the article to be forfeited in accordance with Part 2 of the Proceeds of Crime (Scotland) Act 1995. 35 (2) A seized article must be returned when retention of it is no longer justified for the purposes mentioned in subsection (1). (3) Subsection (2) does not apply to perishable articles which no longer have any commercial value. 7 UEFA European Championship (Scotland) Bill (4) An infringing article may be concealed by an enforcement officer only if the officer considers it appropriate for the purpose of— (a) ending the commission of an advertising offence, or (b) preventing the future commission of such an offence. 5 (5) A concealed article must be revealed when concealing it is no longer justified for the purposes mentioned in subsection (4). (6) An infringing article may be destroyed only if the enforcement officer considers it appropriate to do so for the purposes mentioned in subsection (4) and does not consider seizing or concealing the article to be a reasonable alternative course of action in the 10 circumstances. 19 Power to enter and search (1) An enforcement officer may, without warrant, enter any place and may search any place (and any vehicle, vessel, container or other thing at that place)— (a) where the officer reasonably believes a Championship offence has been or is being 15 committed, or (b) which the officer reasonably believes has been or is being used in connection with a Championship offence. (2) An enforcement officer may take to a place entered by virtue of this section any other person, or any equipment, as may be reasonably required for the purposes of assisting 20 the officer. (3) An enforcement officer who enters a place in pursuance of this section must take reasonable steps to leave the place at least as effectively secured against unauthorised entry as the officer found it. 20 Use of reasonable force 25 (1) An enforcement officer may use, or authorise the use of, reasonable force when taking action under section 17 or 19— (a) if the sheriff grants a warrant for the use of reasonable force and the officer is accompanied by a constable, or (b) where no application for a warrant has been made, only if the officer is 30 accompanied by a constable who reasonably believes that there is a real and substantial risk that delay in seeking a warrant would defeat or prejudice the purpose of taking action. (2) Despite subsection (1), an enforcement officer must not— (a) use force against an individual, or 35 (b) authorise another person to use force against an individual. (3) The sheriff may grant a warrant under this section on the application of an enforcement officer only if satisfied that the use of reasonable force is necessary for the purpose of taking action under section 17 or 19. (4) A warrant granted under this section expires— 40 (a) when it is no longer required for the purposes for which it is granted, or (b) if earlier, on the expiry of such period as may be specified in it. 8 UEFA European Championship (Scotland) Bill 21 Further restrictions on entering houses (1) An enforcement officer may take action under section 17 or 19 in relation to a house or a place that can be entered only through a house only if— (a) an individual who habitually resides in the house permits the enforcement officer 5 to do so, or (b) the sheriff grants a warrant for such an action. (2) Where subsection (1)(a) applies, an enforcement officer may enter a house only— (a) at reasonable times, and (b) if accompanied by a constable. 10 (3) The sheriff may grant a warrant under this section on the application of an enforcement officer only if satisfied— (a) that the officer has reasonable grounds for taking action under section 17 or 19 in relation to the house of the place that can be entered only through the house, and 15 (b) that any of the conditions in subsection (4) is met. (4) Those conditions are— (a) that the officer has been refused entry to the house or place or has been prevented from taking any other action under section 17 or 19 in relation to the house or place, 20 (b) that such a refusal or prevention is reasonably expected (after the officer has taken reasonable steps to notify the residents of the house of the intended action), (c) that— (i) the house is unoccupied (permanently or temporarily), and (ii) the officer has taken reasonable steps to notify any residents of the house 25 of the intended action, (d) that the case is one of urgency, or (e) that notifying the residents of the house of the officer’s intention to take action would defeat the object of the proposed action. (5) A warrant granted under this section expires— 30 (a) when it is no longer required for the purpose for which it was granted, or (b) if earlier, on the expiry of such period as may be specified in it. 22 Power to obtain information (1) An enforcement officer may require any person to provide such information as the officer considers appropriate in connection with— 35 (a) a Championship offence, or (b) conduct which the officer reasonably suspects constitutes a Championship offence. (2) A person is not obliged to provide information under this section if the person would be entitled to refuse to provide the information in, or for the purposes of, court proceedings. 9 UEFA European Championship (Scotland) Bill 23 Requirement to produce authority An enforcement officer must, while doing anything under section 17, 19, or 22, produce evidence of the officer’s authority to take action if requested to do so. 24 Test purchases 5 (1) An enforcement officer may, for the purpose of discovering whether any provision made by virtue of this Act is being complied with— (a) purchase, or authorise another person to purchase, any goods, or (b) secure, or authorise another person to secure, the provision of any services. (2) Nothing done in pursuance of this section constitutes a Championship offence. 10 25 Compensation and recovery of costs (1) A person whose property is damaged by anything done under section 17 or 19 may obtain compensation from— (a) if the damage is caused by an enforcement officer or by a constable accompanying an enforcement officer, Glasgow City Council, or 15 (b) if the damage is caused by a constable who is not accompanying an enforcement officer, the Scottish Police Authority. (2) Subsection (1) does not apply if the thing done relates to a Championship offence committed by the person. (3) The Scottish Ministers may by regulations make provision— 20 (a) about claiming compensation, (b) about determining the compensation due, and (c) conferring jurisdiction for determining disputed compensation on a court, tribunal other body. (4) The costs of doing anything which an enforcement officer is authorised or entitled to 25 do by virtue of this Act are recoverable by Glasgow City Council from the person who committed the Championship offence to which the action relates. 26 Obstructing an enforcement officer It is an offence (“the obstruction offence”)— (a) intentionally to prevent or obstruct an enforcement officer from doing anything 30 which the officer is authorised or entitled to do by virtue of this Act, or (b) without reasonable cause to fail to comply with a requirement made by an enforcement officer, or a constable, under section 22. 27 Police powers (1) A constable may do anything an enforcement officer may do under sections 17 to 24. 35 (2) But the restrictions imposed on an enforcement officer by sections 18, 20, 21 and 23 apply to a constable only to the extent that they do not conflict with a constable’s powers under any other enactment or rule of law. 10 UEFA European Championship (Scotland) Bill (3) Where the restrictions imposed by sections 20 and 21 apply, the constable does not have to be accompanied by another constable. 28 Action under sections 17 to 24: procedure The Scottish Ministers may by regulations specify further procedure which an enforcement 5 officer or, as the case may be, a constable must follow when doing anything under sections 17 to 24.
Last updated: 7 March 2023

BB20190722

As soon as a Public Bill (i.e. a Government, Committee or Member’s Bill) has completed Stage 1, amendments for consideration at Stage 2 may be lodged; and as soon as Stage 2 is completed, amendments for Stage 3 consideration may be lodged.
Last updated: 7 March 2023

BB20190218

As soon as a Public Bill (i.e. a Government, Committee or Member s Bill) has completed Stage 1, ’ amendments for consideration at Stage 2 may be lodged; and as soon as Stage 2 is completed, amendments for Stage 3 consideration may be lodged.
Last updated: 14 February 2023

BB20220725

As soon as a Public Bill (i.e. a Government, Committee or Member’s Bill) has completed Stage 1, amendments for consideration at Stage 2 may be lodged; and as soon as Stage 2 is completed, amendments for Stage 3 consideration may be lodged.
Last updated: 25 July 2022

BB20220725

As soon as a Public Bill (i.e. a Government, Committee or Member’s Bill) has completed Stage 1, amendments for consideration at Stage 2 may be lodged; and as soon as Stage 2 is completed, amendments for Stage 3 consideration may be lodged.
Last updated: 20 June 2022

SPBill17PMS062022accessible

For social care services currently provided in-house by local authorities, that may continue under a commissioning arrangement with the care board, or the care board may take over direct delivery, with staff transferring to the care board.
Last updated: 10 December 2019

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Other terms and conditions 6 The Scottish Ministers may determine the terms and conditions of membership in relation to matters not covered by this schedule.
Last updated: 3 October 2019

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The power may, however, be used in combination with other powers which may provide for such offences.

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