Part 2 Scotland

Part 2 Scotland

Introductory

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(1)     This Part of this Schedule applies in Scotland.

(2)     In this Part of this Schedule “relevant act†means—

(a)     an offence under this Part of this Act, other than an offence under—

(i)     section 5 (unauthorised entry to a prohibited place);

(ii)     section 6 (prohibited place: failure to comply with order of constable);

(iii)     section 11 (cordoned area: failure to comply with order of constable);

(iv)     this Schedule;

(v)     Schedule 3 (disclosure orders);

(vi)     Schedule 4 (customer information orders);

(b)     an act or threat within section 33(3)(b) or (c).

Production orders

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(1)     The procurator fiscal may apply to a sheriff for an order under this paragraph.

(2)     The sheriff may grant the application if satisfied that conditions 1 to 4 are met.

(3)     Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed.

(4)     Condition 2 is that there are reasonable grounds for suspecting that a person specified in the application has in their possession, custody or control material which is likely to be evidence that a relevant act has been, or is about

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