Section 110A

A relevant official may exercise the powers set out in subsection (2) where— the official reasonably believes that a vehicle has been, is being or is about to be used in the commission of a relevant offence, and proceedings have not been brought against any person in respect of the offence. The powers referred to in subsection (1) are— the power to stop the vehicle (but only a constable in uniform may stop a vehicle on a road), the power to require any occupant of the vehicle to give the official— the occupant’s name and address, the name and address of the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994, any other information the official reasonably requests, the power to enter premises (but not premises used for residential purposes) at a reasonable time for the purpose of searching or seizing the vehicle, the power to search the vehicle, the power to seize the vehicle and any of its contents. Any information a person gives in response to a requirement imposed under subsection (2)(b) is inadmissible in evidence against the person in criminal proceedings in respect of any offence other than an offence under section 110B(1). A vehicle or its contents seized under subsection (2)(e)— by a relevant official of SEPA acting alone, are seized on behalf of SEPA, by a relevant official of a waste collection authority acting alone, are seized on behalf of the waste collection authority in whose area the seizure takes place, by a constable in the presence of or at the request of a relevant official of SEPA, are seized on behalf of SEPA, by a constable acting alone, or in the presence of or at the request of a relevant official of a waste collection authority, are seized on behalf of the waste collection authority in whose area the seizure takes place. For the purposes of this section, an offence is a relevant offence if an enactment states that the powers conferred by this section may be exercised in relation to it. In this section and sections 110B and 110C— “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, “mobile plant” means plant which is designed to move or to be moved whether on roads or otherwise, “premises” includes any land, vehicle, vessel or mobile plant, “relevant official” means— a person authorised by SEPA or by a waste collection authority to exercise the powers conferred by this section, or a constable, “road” has the same meaning as in the Roads (Scotland) Act 1984, “vehicle” means— a motor vehicle within the meaning of the Road Traffic Regulation Act 1984, a vehicle drawn by a motor vehicle, mobile plant, “waste collection authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

← 6 · All articles · 1 →

Source: legislation.gov.uk · retrieved 2026-07-30