Civil Judgments Enforcement Act 2004

Under a property (seizure and sale) order the sheriff, using any force and assistance that is reasonably necessary in the circumstances, may do any or all of the following —

enter any place where the sheriff believes on reasonable grounds there is or may be personal property that may be seized under the order, or a record evidencing the title to such property, for the purpose of searching for and seizing it;

from time to time re‑enter any such place where any such property or record is for the purpose of performing the sheriff’s functions under the order and this Act in relation to the property;

seize and remove any such property or record;

make or print out, and keep, a copy of any such record and for that purpose —

seize and remove, for no more than 7 days, any computer or other thing on which any such record is or may be stored;

operate the computer or other thing;

direct a person who has the custody or control of any such record, computer or thing to make or print out a copy of the record or to operate the computer or thing;

take reasonable measures to secure or protect any such property, record, computer or thing against damage or unauthorised removal or interference.

The powers in subsection (1)(a) and (b) —

may be exercised at any time of the day or night in respect of a place that is not a dwelling; and

must not be exercised in respect of a dwelling without the consent of the occupier of the dwelling or, if there is no occupier, the owner.

Despite subsection (2)(b), if —

the consent referred to in subsection (2)(b) is unreasonably withheld; or

the sheriff, after reasonable attempts to do so, cannot contact the occupier or owner of the dwelling,

A person who disobeys a direction given under subsection (1)(d)(iii) commits an offence.