Commentary on Sections Enforcement Section 18: General enforcement powers
33.This section sets out the general range of powers that this Act confers on enforcement officers. Subsection (1) allows enforcement officers to take such steps as they consider necessary for the purpose of preventing or ending the commission of a Championship offence (defined simply as an offence under this Act) or in connection with proceedings, or anticipated proceedings, in respect of a Championship offence.
34.Subsection (2) specifies steps that are included within this general range which include seizing, concealing or destroying anything which the officer believes to be an infringing article. This power is subject to restrictions set out in section 19.
35.Subsection (3) defines an “infringing article”. This could be an article used in connection with the commission of a Championship offence or receptacle used as a container for such an article, for example a box containing goods being sold by an unauthorised street trader.
36.Subsection (4) enables an enforcement officer to be assisted by another person as may be necessary for the purpose of taking action under this section. A third party of this kind may only act under the direction of the enforcement officer.
37.Subsection (5) provides that before requesting third party assistance, an enforcement officer must first notify Police Scotland.
38.Subsection (6) clarifies that the powers set out in this section are subject to the restrictions set out in sections 19, 21, 22 and 24.