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Civic Government (Scotland) Act 1982

Type Public General Act

Publication 1982-10-28

Last updated 2026-03-26

State In force

Department Statute Law Database

Source legislation.gov.uk

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(5) An order under subsection (4) may specify requirements by reference to provision contained in another enactment.

(6) A statutory instrument containing an order made under subsection (4) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

Market operators' licences

40

(1) Subject to subsection (2) below, a licence, to be known as a “market operator’s licence”, shall be required for carrying on a private market.

(2) A market operator’s licence shall not be required for carrying ; on either of the following—

(a) functions held by charitable, religious, youth, recreational, community, political or similar organisations;

(b) markets held only for the sale of livestock, fodder or grain.

(3) In addition to any other condition which may be included, a licence in respect of a private market shall include conditions as to—

(a) the regulation of days and hours of opening;

(b) the provision of adequate toilet facilities;

(d) the maintenance of order and public safety.

(4) In this section, “private market” means a market, whether covered or not, carried on by any person other than a local or public authority at which goods are offered by more than one seller for sale by retail to the public.

Public entertainment licences

41

(1) A licence, to be known as a “public entertainment licence”, shall be required for the use of premises as a place of public entertainment.

(2) In this section, “place of public entertainment” means any place where ... members of the public are admitted or may use any facilities for the purposes of entertainment or recreation but does not include—

(a) an athletic or sports ground while being used as such;

(aa) premises in respect of which a licence is required under section 41A of this Act while such premises are being used for the purposes mentioned in that section;

(ab) a sexual entertainment venue (as defined in section 45A) in relation to which Schedule 2 (as modified for the purposes of section 45B) has effect, while being used as such;

(b) an educational establishment while being used as such;

(c) premises belonging to or occupied by any religious body while being used wholly or mainly for purposes connected with that body;

(d) premises licensed under ... section 1 of the Cinemas Act 1985;

(e) premises in respect of which there is a club gaming permit (within the meaning of section 271 of the Gambling Act 2005 (c.19)) or a prize gaming permit (within the meaning of section 289 of that Act of 2005);

(f) premises in respect of which a premises licence within the meaning of section 17 of the Licensing (Scotland) Act 2005 has effect in which public entertainment is being provided during licensed hours within the meaning of that Act; ...

(g) premises in which machines for entertainment or amusement are being provided incidentally to the main purpose or use of the premises where that main purpose or use is not as a place of public entertainment , or

(h) such other premises as the Scottish Ministers may by order made by statutory instrument specify.

(2A) A statutory instrument containing an order made under subsection (2)(h) is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(3) Without prejudice to section 3B of and paragraph 5 of Schedule 1 to this Act, a licensing authority may attach conditions to a public entertainment licence—

(a) restricting the use of the premises to a specified kind or specified kinds of entertainment or recreation;

(b) limiting the number of persons to be admitted to the premises;

(3A) In relation to a public entertainment licence which authorises the use of premises for the performance of plays, no condition may be attached to the licence as to the nature of the plays which may be performed, or the manner of performing plays, under the licence.

(3B) Subsection (3A) does not prevent a licensing authority from attaching, by virtue of section 3B or in accordance with subsection (3) or paragraph 5 of Schedule 1, any condition which they consider appropriate on the grounds of public safety.

(4) In this section, “educational establishment” has the meaning given by paragraphs (i) and (ii) of the definition of that expression in section 135(1) of the Education (Scotland) Act 1980 but includes a university and a theological college.

Late hours catering licences

42

(1) A licence, to be known as a “late hours catering licence”, shall be required for the use of premises between the hours of eleven o’clock in the evening and five o’clock the following morning for the sale to or consumption by the public of food .

(2) The reference in subsection (1) above to the sale of food is a reference to the sale of food for consumption on as well as off the premises in which it is sold.

(3) Without prejudice to paragraph 5 of Schedule 1 to this Act, a licensing authority may attach conditions to a late hours catering licence fixing the days and hours during which the premises may be open for business, and different days and hours may be fixed for the sale of food for consumption on the premises from those fixed for the sale of food for consumption off the premises.

(4) A late hours catering licence shall not be required in respect of—

(a) the use as such of licensed premises within the meaning of the Licensing (Scotland) Act 2005 (asp 16) ; or

(b) premises being used in accordance with a public entertainment licence.

(5) A licensing authority may, on application made to them, exempt the use of premises requiring a late hours catering licence from the requirement to have such a licence—

(a) in respect of any particular occasion; or

(b) during a specified period not exceeding 2 months in any period of 12 months.

(6) The licensing authority may attach conditions to an exemption granted under subsection (5) above, and the provisions of Part I of this Act relating to the attaching of conditions to licences and subsection (3) above shall apply to the attaching of conditions to exemptions under this subsection.

(7) In this section “food” has the meaning given in section 1 of the Food Safety Act 1990 (c.16).

Window cleaners' licences

43

A licence, to be known as a “window cleaner’s licence” shall be required for carrying on the trade of, or being employed as, a window cleaner.

Additional activities

44

(1) The Secretary of State may, by order made by statutory instrument, designate any activity other than one of those specified in this Part of this Act—

(a) as an activity for which, subject to a resolution of the licensing authority in relation to it under section 9 of this Act, a licence shall be required and which, subject to such a resolution, shall be regulated in accordance with the provisions specified in the order; or

(b) as an activity for which a licence shall be required and which shall be regulated in accordance with the provisions specified in the order.

(2) An order made under this section may provide—

(a) that Part I of this Act, with such modifications if any as may be specified in the order, shall have effect for the purposes of the licensing of the activity designated by the order;

(b) for the regulation of the activity designated by the order;

(c) for the repeal or modification of any enactment which provides (whether consistently or not) for the same matter as the order;

(d) without prejudice to any provision of Part I of this Act which has effect, with or without modification, by virtue of paragraph (a) above, for the creation of offences and for making offenders liable, on summary conviction, to imprisonment for a period not exceeding 60 days or such lesser maximum period as may be specified in the order or to a fine not exceeding level 3 on the standard scale or such lesser maximum fine as may be so specified or to both such fine and such imprisonment.

(3) No order shall be made under this section unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Part III — Control of sex shops and sexual entertainment venues

Control of sex shops

45

(1) A local authority may resolve that Schedule 2 to this Act shall have effect in their area; and if they do so resolve that Schedule shall have such effect as from the day specified in that behalf in the resolution (which must not be before the expiration of the period of one month beginning with the day on which the resolution is passed).

(2) A local authority shall, not later than 28 days before the day specified in the resolution for the coming into effect of Schedule 2 to this Act in the authority’sarea, publish notice that they have passed a resolution under this section in a newspaper circulating in their area.

(3) The notice shall state the general effect of that Schedule.

Part IV — Offences, Powers of Constables, etc.

Offences of annoying, offensive, obstructive or dangerous behaviour

Soliciting and importuning by prostitutes

46

(1) A prostitute (whether male or female) who for the purposes of prostitution—

(a) loiters in a public place;

(b) solicits in a public place or in any other place so as to be seen from a public place; or

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.

(2) In subsection (1) above, “public place” has the same meaning as in section 133 of this Act but includes—

(a) any place to which at the material time the public are permitted to have access, whether on payment or otherwise; and

(b) any public conveyance other than a taxi or hire car within the meaning of section 23 of this Act.

Urinating etc.

47

Any person who urinates or defecates in such circumstances as to cause, or to be likely to cause, annoyance to any other person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.

Dogs: fouling of pavements

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dangerous and annoying creatures

49

(1) Any person who suffers or permits any creature in his charge to cause danger or injury to any other person who is in a public place or to give such person reasonable cause for alarm or annoyance shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.

(2) A district court may, if satisfied that any creature kept in the vicinity of any place where a person resides is giving that person, while in that place, reasonable cause for annoyance, make an order requiring the person keeping the creature to take, within such period as may be specified in the order, such steps (short of destruction of the creature) to prevent the continuance of the annoyance as may be so specified.

(3) An application to a district court for an order under subsection (2) above may be made by any person.

(4) Any person who fails to comply with an order under subsection (2) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(5) The fact that there is a licence under the Dangerous Wild Animals Act 1976 in respect of a creature shall not of itself afford a defence in proceedings under this section relating to that creature.

(6) Where a court convicts a person of an offence under this section or discharges him absolutely ..., it may, whether or not (in the case of conviction) it imposes a penalty under subsection (1) or (4) above—

(a) subject to subsection (8) below, make such order as it sees fit as to the disposal of the creature to which the proceedings relate;

(b) authorise a constable, in pursuance of such an order, to take possession of the creature.

(7) An order under subsection (6) above may, subject to any enactment relating to the protection or conservation of living things, be for the destruction of the creature to which it relates.

(8) No creature disposed of under an order under subsection (6) above shall be given or sold for the purposes of vivisection.

Drunkenness

50

(1) Any person who, while not in the care or protection of a suitable person, is, in a public place, drunk and incapable of taking care of himself shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.

(2) Any person who is drunk in a public place while in charge of a child under the age of 10 shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.

(3) For the purposes of subsection (2) above, if a child appears to the court to be under the age of 10, the child shall be deemed to be under that age unless the contrary is proved.

(4) A constable may arrest a person for contravening subsection (2) above if he has reasonable cause to believe that the child in the charge of that person is under the age of 10.

(5) Any person who is drunk in a public place while in possession of a firearm (including a crossbow, airgun, air rifle or air pistol) shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.

(6) In this section, “public place” has the same meaning as in section 133 of this Act but includes—

(a) any place to which at the material time the public are permitted to have access, whether on payment or otherwise; and

(b) any public conveyance other than a taxi or hire car within the meaning of section 23 of this Act.

Obscene material

51

(1) Subject to subsection (4) below, any person who displays any obscene material in any public place or in any other place where it can be seen by the public shall be guilty of an offence under this section.

(2) Subject to subsection (4) below, any person who publishes, sells or distributes or, with a view to its eventual sale or distribution, makes, prints, has or keeps any obscene material shall be guilty of an offence under this section.

(2A) Subject to subsection (4) below, any person who—

(a) is responsible for the inclusion of any obscene material in a programme included in a programme service; or

(b) with a view to its eventual inclusion in a programme so included, makes, prints, has or keeps any obscene material,

shall be guilty of an offence under this section.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a period not exceeding 12 months or to a fine not exceeding the statutory maximum or to both, or

(b) on conviction on indictment—

(i) in a case where the obscene material is or includes an extreme pornographic image, to imprisonment for a period not exceeding 5 years or to a fine or to both, or

(ii) in any other case, to imprisonment for a period not exceeding 3 years or to a fine or to both.

(4) A person shall not be convicted of an offence under this section if he proves that he had used all due diligence to avoid committing the offence.

(5) Under an indictment for or on a complaint of a breach of subsection (1) above, the court may, if satisfied that the person accused is guilty of an offence under section 1(1) of the Indecent Displays (Control) Act 1981 (offence of public display of indecent matter), convict him of a breach of the said section 1(1).

(6) Nothing in this section applies in relation to any matter—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) included in a performance of a play (within the meaning of the Theatres Act 1968).

(7) For section 5(4)(b) of the Indecent Displays (Control) Act 1981 (saving) there shall be substituted the following—

(b) section 51 of the Civic Government (Scotland) Act 1982.

(8) In this section—

“extreme pornographic image” is to be construed in accordance with section 51A;

“material” includes any book, magazine, bill, paper, print, film, tape, disc or other kind of recording (whether of sound or visual images or both), photograph, drawing, painting, representation, model or figure . . . ;

“photograph” includes the negative as well as the positive version;

“public place” has the same meaning as in section 133 of this Act except that it includes any place to which at the material time the public are permitted to have access, whether on payment or otherwise;

“programme” and “programme service” have the same meaning as in the Broadcasting Act 1990;

and the reference to publishing includes a reference to . . . playing, projecting or otherwise reproducing , or, where the material is data stored electronically, transmitting that data.

Indecent photographs etc. of children

52

(1) Any person who—

(a) takes, or permits to be taken or makes, any indecent photograph or pseudo-photograph of a child

(b) distributes or shows such an indecent photograph or pseudo-photograph;

(c) has in his possession such an indecent photograph or pseudo-photographwith a view to its being distributed or shown by himself or others: or

(d) publishes or causes to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such an indecent photograph or pseudo-photograph, or intends to do so

shall be guilty of an offence under this section.

(2) In subsection (1) above “child” means, subject to subsection (2B) below, a person under the age of 18; and in proceedings under this section a person is to be taken as having been a child at any material time if it appears from the evidence as a whole that he was then under the age of 18.

(2A) In this section, “pseudo-photograph” means an image, whether produced by computer-graphics or otherwise howsoever, which appears to be a photograph.

(2B) If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Act as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult.

(2C) In this section, references to an indecent pseudo-photograph include—

(a) a copy of an indecent pseudo-photograph;

(b) data stored on a computer disc or by other electronic means which is capable of conversion into an indecent pseudo-photograph .

(3) A person guilty of an offence under this section shall be liable—

(a) on summary conviction, to imprisonment for a period not exceeding 6 months or to a fine not exceeding the prescribed sum within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995 (at the passing of this Act £1,000) or to both;

(b) on conviction on indictment, to imprisonment for a period not exceeding 10 years or to a fine or to both.

(4) For the purposes of this section, a person is to be regarded as distributing an indecent photograph or pseudo-photograph if he parts with possession of it to, or exposes or offers it for acquisition by, another person.

(4A) Where a person is charged with an offence under subsection (1)(a) of making an indecent photograph or pseudo-photograph of a child, it shall be a defence for the person to prove that—

(a) at the time of the offence charged, the person was a member of OFCOM, employed or engaged by OFCOM, or assisting OFCOM in the exercise of any of their online safety functions (within the meaning of section 235 of the Online Safety Act 2023), and

(b) the person made the photograph or pseudo-photograph for the purposes of OFCOM’s exercise of any of those functions.

(5) Where a person is charged with an offfence under subsection (1)(b) or (c) above, it shall be a defence for him to prove—

(a) that he had a legitimate reason for distributing or showing the photograph or pseudo-photograph or (as the case may be) having it in his possession; or

(b) that he had not himself seen the photograph or pseudo-photograph and did not know, nor had any cause to suspect, it to be indecent.

(6) In paragraph 2 of the Schedule to the Visiting Forces Act 1952 (offences against the person in the case of which a member of a visiting force is in certain circumstances not liable to be tried by a United Kingdom court) the word “ and” immediately preceding sub-paragraph (b)(iii) shall be omitted and after the said sub-paragraph (b)(iii) there shall be added—

(iv) section 52(1)(a) of the Civic Government (Scotland) Act 1982.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In this section—

(a) references to an indecent photograph include an indecent film, a copy of an indecent photograph or film and an indecent photograph comprised in a film;

(b) a photograph (including one comprised in a film) shall, if it shows a child and is indecent, be treated for all purposes of this section as an indecent photograph of a child;

(i) the negative as well as the positive version; and

(ii) data stored on a computer disc or by other electronic means which is capable of conversion into a photograph.

(d) “film” includes any form of video-recording.

(e) “OFCOM” means the Office of Communications.

(9) In this section, references to a photograph also include a tracing or other image, whether made by electronic or other means (of whatever nature), which is not itself a photograph or pseudo-photograph but which is derived from the whole or part of a photograph or pseudo-photograph (or a combination of either or both).

(10) And subsection (2B) applies in relation to such an image as it applies in relation to a pseudo-photograph.

Obstruction by pedestrians

53

Any person who, being on foot in any public place—

(a) obstructs, along with another or others, the lawful passage of any other person and fails to desist on being required to do so by a constable in uniform, or

(b) wilfully obstructs the lawful passage of any other person

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.

Playing instruments, singing, playing radios, etc.

54

(1) Any person who—

(a) sounds or plays any musical instrument;

(b) sings or performs; or

so as to give any other person reasonable cause for annoyance and fails to desist on being required to do so by a constable in uniform, shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £50.

(2) This section is without prejudice to any offence under section 62 of the Control of Pollution Act 1974 (operation of loudspeakers in streets).

(2A) Where a constable reasonably suspects that an offence under subsection (1) above has been committed in relation to a musical instrument or in relation to such a device as is mentioned in paragraph (c) of that subsection, he may enter any premises on which he reasonably suspects that instrument or device to be and seize any such instrument or device he finds there.

(2B) A constable may use reasonable force in the exercise of the power conferred by subsection (2A) above.

(2C) Schedule 2A to this Act (which makes provision in relation to the retention and disposal of property seized under subsection (2A) above) shall have effect.

(3) Subsection (1) above shall not apply to the operation of a loudspeaker—

(a) for police, fire-fighting or ambulance purposes, by Scottish Water in the exercise of any of its functions, or by a local authority within its area;

(b) for communicating with persons on a vessel for the purpose of directing the movement of that or any other vessel;

(d) if the loudspeaker—

(i) is in or fixed to a vehicle, and

(ii) is operated solely for the entertainment of or for communicating with the driver or a passenger of the vehicle or, where the loudspeaker is or forms part of the horn or similar warning instrument of the vehicle, solely for giving warning to other traffic, and

(iii) is so operated as not to give reasonable cause for annoyance to persons in the vicinity;

(e) otherwise than on a road, by persons employed in connection with a transport undertaking used by the public in a case where the loudspeaker is operated solely for making announcements to passengers or prospective passengers or to other persons so employed;

(f) by a travelling showman on land which is being used for the purposes of a pleasure fair;

(g) in case of emergency.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In subsection (3)(a), the reference to fire-fighting purposes is a reference to—

(a) the purposes of the Scottish Fire and Rescue Service ; or

(b) fire-fighting functions of any other employer of fire-fighters.

Touting

55

(1) Any person who—

(a) in a public place—

(i) touts for the purpose of selling or advertising anything or otherwise obtaining custom so as to give any other person reasonable cause for annoyance; or

(ii) importunes any other person for that purpose so as to give that, or any other, person reasonable cause for annoyance; and

(b) fails to desist when required to do so by a constable in uniform,

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 2 on the standard scale.

Fires

56

Any person who lays or lights a fire in a public place so as to endanger any other person or give him reasonable cause for alarm or annoyance or so as to endanger any property shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Preventive offences

Being in or on building etc. with intent to commit theft

57

(1) Any person who, without lawful authority to be there, is found in or on a building or other premises, whether enclosed or not, or in its curtilage or in a vehicle or vessel so that, in all the circumstances, it may reasonably be inferred that he intended to commit theft there shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale or to imprisonment for a period not exceeding 3 months or to both.

(2) In this section “theft” includes any aggravation of theft including robbery.

Convicted thief in possession

58

(1) Any person who, being a person to whom this section applies—

(a) has or has recently had in his possession any tool or other object from the possession of which it may reasonably be inferred that he intended to commit theft or has committed theft; and

(b) is unable to demonstrate satisfactorily that his possession of such tool or other object is or was not for the purposes of committing theft

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale or to imprisonment for a period not exceeding 3 months or to both.

(2) For the purposes of subsection (1) above, a person shall have recently had possession of a tool or other object if he had possession of it within 14 days before the date of—

(a) his arrest without warrant for the offence of having so possessed it in contravention of subsection (1) above; or

(b) the issue of a warrant for his arrest for that offence; or

(3) Where a court convicts a person of an offence under this section or discharges him absolutely ... in respect of such an offence it may order the forfeiture of any tool or other object in respect of the possession of which he was convicted or , as the case may be, discharged absolutely..

(4) This section applies to a person who has two or more convictions for theft which are not, for the purposes of the Rehabilitation of Offenders Act 1974, spent convictions.

(4A) In subsection (4), the reference to a conviction for theft includes—

(a) a reference to a conviction by a court in England and Wales or Northern Ireland, and

(b) if the court considers appropriate, a reference to a conviction by a court in a member State of the European Union

of an offence that is equivalent to theft.

(4B) Any issue of equivalence arising in pursuance of subsection (4A) is for the court to determine.

(5) In this section “theft” includes any aggravation of theft including robbery.

Powers of constables etc.

Powers of arrest and apprehension

59

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The owner, tenant or occupier of any property in, upon, or in respect of, which an offence to which this section applies is being committed or any person authorised by him may apprehend any person whom the owner or, as the case may be, the tenant, occupier or authorised person finds committing that offence and detain the apprehended person until the arrival of a constable.

In this subsection “property” means heritable or moveable property.

(4) This section applies to offences under sections 50, 57 and 58 of this Act.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of search and seizure

60

(1) Subject to subsection (2) and (3) below, if a constable has reasonable grounds to suspect that a person is in possession of any stolen property, the constable may without warrant—

(a) search that person or anything in his possession, and detain him for as long as is necessary for the purpose of that search;

(b) enter and search any vehicle or vessel in which the constable suspects that that thing may be found, and for that purpose require the person in control of the vehicle or vessel to stop it and keep it stopped;

(d) seize and detain anything found in the course of any such search which appears to the constable to have been stolen or to be evidence of the commission of the crime of theft

and may, in doing so, use reasonable force.

In this subsection “second-hand dealer” and “metal dealer” have the meanings respectively assigned to them by sections 24(2) and 37(1) of this Act.

(2) The power under subsection (1)(b) above to require the person in charge of a vehicle or vessel to stop it shall be exercisable only by a constable in uniform.

(3) A constable who is not in uniform shall not be entitled to exercise the powers which he may exercise under subsection (1)(a) to (c) above until he has produced his identification—

(a) in relation to the exercise of powers under subsection (1)(a) above, to the person in respect of whom the powers are exercised;

(b) in relation to the exercise of powers under subsections (1)(b) or (c) above, to the person for the time being in charge of the vehicle, vessel or premises and to any other person in or on the vehicle, vessel or premises who, having reasonable cause to do so, requests to see it.

(4) In subsection (1) above “theft” includes any aggravation of theft including robbery.

(5) Nothing in section 54(2A) of this Act or this section prejudices any power of entry or search or any power to seize or detain property or any power to require any vehicle or vessel to be stopped which is otherwise exercisable by a constable.

(6) Any person who, without reasonable excuse—

(a) fails to allow a constable to enter and search—,

(i) any premises in pursuance of section 54(2A) of this Act or of subsection (1) above; or

(ii) any vehicle or vessel in pursuance of the said subsection (1), or seize and detain anything found in the course of such searsh;

(b) when required by a constable in pursuance of subsection (1) above to stop a vehicle or vessel and keep it stopped, fails to do so; or

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Protection of insecure premises

61

(1) Where—

(a) any premises have been left open, unlocked or otherwise insecure; and

(b) in the opinion of a constable, the insecurity of the premises is likely to conduce to the commission of an offence,

the constable may take such reasonable steps as he may consider necessary to make the premises secure.

(2) Any reasonable expense incurred by a constable in making any premises secure under subsection (1) above may be recovered by the Scottish Police Authority from the occupier (or, where there is no occupier, from the tenant or, where there is no occupier or tenant, from the owner) of the premises.

Part V — Public Processions

Notification of processions

62

(1) A person proposing to hold a procession in public shall give written notice of that proposal in accordance with subsections (2) and (3) below

(a) to the local authority in whose area the procession is to be held, or if it is to be held in the areas of more than one such authority, to each such authority;

(aa) if the procession is to be held to any extent in a National Park, to the National Park authority for the National Park;

(b) to the chief constable.

(2) Notice shall be given for the purposes of subsection (1) above by—

(a) its being posted to the main office of the local authorityand (where subsection (1)(aa) above applies) of the National Park authorityand to the office of the chief constable so that in the normal course of post it might be expected to arrive not later than 28 days before the date when the procession is to be held; or

(b) its being delivered by hand to those offices not later than 28 days before that date.

(3) The notice to be given under subsection (1) above shall specify—

(a) the date and time when the procession is to be held;

(b) its route;

(d) the arrangements for its control being made by the person proposing to hold it; and

(e) the name and address of that person.

(4) A local authoritymay, on application in accordance with subsection (5) below by a person proposing to hold a procession in public in their area

(a) made to them ;

(aa) if the procession is to be held to any extent in a National Park, intimated to the National Park authority for the National Park;

(b) intimated to the chief constable, within the period of 28 days before the date when the procession is to be held, make an order dispensing with the requirements of subsection (2) above in relation to the time limits for the giving of notice of that proposal.

(5) An application under subsection (4) above shall

(a) set out the reason why notice of the proposal was not given in accordance with subsections (1) and (2) above

(b) specify the matters mentioned in subsection (3) above,

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) The local authority shall, before making an order under subsection (4) above ..., consult the chief constable.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11A) A local authority shall, as soon as possible after making an order under subsection (4) above, publicise that fact in such manner as they think fit and send a copy of the order to the applicant.

(11B) This section does not apply to a procession—

(a) which is a funeral procession organised by a funeral director acting in the ordinary course of his business; or

(b) which is specified in, or is within a description specified in, an order made by the Scottish Ministers.

(11C) In subsection (11B) above, a “funeral director” is a person whose business consists of or includes the arrangement and conduct of funerals.

(11D) An order made for the purposes of subsection (11B)(b) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.

(12) In this section and in sections 63 to 65 of this Act—

“procession in public” means a procession in a public place;

“chief constable” means the chief constable of the Police Service of Scotland; and

“public place” has the same meaning as in Part II of the Public Order Act 1986.

Functions of regional and islands councils in relation to processions

63

(1) The local authority may, after consulting the chief constable and (where section 62(1)(aa) of this Act applies) the National Park authority in respect of a procession notice of which has been given or falls to be treated as having been given in accordance with section 62(1) of this Act, make an order—

(i) prohibiting the holding of the procession; or

(ii) imposing conditions on the holding of it.

(1A) Where notice of a proposal to hold a procession has been given or falls to be treated as having been given in accordance with section 62(1) of this Act—

(a) if a local authorityhave made an order under subsection (1) above they may at any time thereafter, after consulting the chief constable and (where subsection (1)(aa) of that section applies) the National Park authority, vary or revoke the order and, where they revoke it, make any order which they were empowered to make under that subsection;

(b) if they have decided not to make an order they may at any time thereafter, after consulting the chief constable and (where subsection (1)(aa) of that scetion applies) the National Park authority, make any order which they were empowered to make under that subsection.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A local authority shall—

(a) where notice of a proposal to hold a procession has been given or falls to be treated as having been given in accordance with section 62(1) of this Act, deliver at least 2 days before the date when, in terms of the notice, the procession is to be held, to the person who gave the notice—

(i) where they have made an order under subsection (1) or (1A) above, a copy of it and a written statement of the reasons for it; . . .

(ii) where they decide not to make an order under subsection (1) above or to revoke an order already made under subsection (1) or (1A) above, notification of that fact;

(iii) where they have, under subsection (1A) above, varied such an order, a copy of the order as varied and a written statement of the reasons for the variation; and

(b) where they have made an order under subsection (1) or (1A) above in relation to a proposal to hold a procession, make such arrangements as will ensure that persons who might take or are taking part in that procession are made aware of the fact that the order has been made and, if the order has been varied under subsection (1A) above, that it has been so varied and of its effect ; and

(c) where they have revoked an order made under subsection (1) or (1A) above in relation to a proposal to hold a procession, make such arrangements as will ensure that persons who might take or are taking part in that procession are made aware of the fact that the order has been revoked.

(4) The local authorityshall comply with subsection (3) above—

(a) as early as possible;

(b) only insofar as it is reasonably practicable for them to do so.

(5) The local authority may, after consulting the chief constable and (where section 62(1)(aa) of this Act applies) the National Parks Authority, make an order—

(a) imposing conditions on the holding of a procession to which paragraph (a) of subsection (11B) of section 62 of this Act relates;

(b) prohibiting or imposing conditions on the holding of a procession to which paragraph (b) of that subsection relates.

(6) Subsections (1A), (3) and (4) above apply in relation to an order made under subsection (5) above and to a decision not to make an order under that subsection as they apply to an order under subsection (1) above and to a decision not to make an order under that subsection respectively, but with the modifications set out in subsection (7) below.

(7) Those modifications are—

(a) the references to notice having been or falling to be treated as having been given shall be ignored;

(b) the reference to the person who gave the notice shall be treated as a reference to the person appearing to the local authority to be the person who is to hold the procession; and

(8) The considerations to which the local authority shall have regard when deciding whether to prohibit the holding of a procession or impose conditions on it under this section shall include—

(a) the likely effect of the holding of the procession in relation to—

(i) public safety;

(ii) public order;

(iii) damage to property;

(iv) disruption of the life of the community;

(b) the extent to which the containment of risks arising from the procession would (whether by itself or in combination with any other circumstances) place an excessive burden on the police;

(c) where the person proposing to hold the procession has previously held one in the area of the authority or the persons likely to take part in the procession, or some of them, are the same persons as took part in one previously held in that area, or some of them—

(i) whether the previous procession was held in breach of a prohibition under this section on its being held or of a condition so imposed on the holding of it;

(ii) whether any guidance or code of conduct issued by the authority as to the holding of the previous procession or as to the holding of processions generally was followed; and

(iii) the effect of the previous procession in relation to the matters mentioned in sub-paragraphs (i) to (iv) of paragraph (a) above and in paragraph (b) above.

(9) The local authority shall compile, maintain and make available to the public, free of charge, a list containing information about—

(a) processions which have, after the coming into force of this subsection, been held in their area;

(b) proposed processions which they have, after that time, prohibited under this section.

(10) A local authority shall make sufficient arrangements to secure that any person, body or other grouping resident in or otherwise present in their area who makes a request for the purposes of this subsection is enabled to receive information about processions which are to or might be held in that area or in any part of it specified in the request.

Appeals against orders under section 63

64

(1) An appeal to the sheriff shall lie at the instance of a person who, in accordance with section 62 of this Act, has or falls to be treated as having given notice of a proposal to hold a procession in public against

(a) an order made under section 63(1) or (1A) of this Act; or

(b) a variation under section 63(1A) of this Act of an order made under section 63(1) or (1A),

in relation to the procession.

(2) An appeal under this section shall be made by way of summary application and shall be lodged with the sheriff clerk within 14 days from the date on which the copy of the order and statement of reasons were received by the appellant.

(3) On good cause being shown, the sheriff may hear an appeal under this section notwithstanding that it was not lodged within the time mentioned in subsection (2) above.

(4) The sheriff may uphold an appeal under this section only if he considers that the local authority in arriving at their decision to make or, as the case may be, to vary the order—

(a) erred in law;

(b) based their decision on any incorrect material fact;

(d) otherwise acted beyond their powers.

(5) In considering an appeal under this section the sheriff may hear evidence by or on behalf of any party to the appeal.

(6) Subject to subsection (7) below, on an appeal under this section, the sheriff may

(a) uphold the appeal and—

(i) remit the case, with the reasons for his decision, to the local authority for reconsideration of their decision, or

(ii) if he considers that there is insufficient time for the case to be remitted under sub-paragraph (i) above quash the order which is the subject of the appeal , vary it or make in substitution for the order any such order as the authority were empowered to make under section 63(1) of this Act; or

(b) dismiss the appeal,

and on remitting a case under paragraph (a)(i) above, the sheriff may—

(i) specify a date by which the reconsideration by the authority must take place;

(ii) modify any procedural steps which otherwise would be required to be taken in relation to the matter by or under any enactment (including this Act).

(7) The sheriff shall not exercise any of his powers under subsection (6) above unless he is satisfied that all steps which in the circumstances were reasonable have been taken with a view to securing that notice of the appeal and an opportunity of being heard with respect to it have been given to the authority whose order or, as the case may be, the variation of whose order under section 63 of this Act is the subject of the appeal.

(8) The sheriff may include in his decision on an appeal under this section such order as to the expenses of the appeal as he thinks proper.

(9) Any party to an appeal to the sheriff under this section may appeal on a point of law from the decision of the sheriff to the Court of Session within 28 days from the date of that decision.

Offences and enforcement

65

(1) Subject to subsection (3) below, a person who holds a procession in public—

(a) not —

(i) having given or being a person who is treated as having given notice in accordance with section 62 of this Act of his proposal to do so; ...

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in contravention of an order under section 63(1) or (1A) or 64(6)(a)(ii) of this Act prohibiting the holding of it;

(c) otherwise than in accordance with a condition imposed by an order under section 63(1) or (1A) or 64(6)(a)(ii) of this Act in relation to the procession; or

(d) otherwise than in accordance with the particulars of its date, time and route specified—

(i) in the notice given under section 62(1) to (3) of this Act; or

(ii) where an order has been made under subsection (4) of that section, in the application for the order

except to the extent that a condition referred to in paragraph (c) above relates to its date, time or route,

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale or to imprisonment for a period not exceeding 3 months or to both.

(2) Subject to subsection (3) below, a person who takes part in a procession in public—

(a) in respect of which—

(i) notice has not been or is not treated as having been given in accordance with section 62 of this Act; ...

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in relation to which an order has been made under section 63(1) or (1A) or 64(6)(a)(ii) of this Act prohibiting the holding of it;

(c) which is held otherwise than in accordance with a condition imposed by an order under section 63(1) or (1A) or 64(6)(a)(ii) of this Act in relation to the procession; or

(d) which is held otherwise than in accordance with the particulars of its date, time and route specified—

(i) in the notice given under section 62(1) to (3) of this Act; or

(ii) where an order has been made under subsection (4) of that section, in the application for the order

except to the extent that a condition referred to in paragraph (c) above relates to its date, time or route

and refuses to desist when required to do so by a constable in uniform shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(3) This section applies to a procession of the description set out in section 62(11B)(a) of this Act (funeral processions) only to the extent that the procession has been held otherwise than in accordance with conditions imposed under this Part of this Act.

(3A) This section applies to a procession which is within section 62(11B)(b) of this Act (processions specified by order) only if and to the extent that it has been prohibited or conditions imposed on it under this Part of this Act.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relationship of sections 62 to 65 with Public Order Act 1936

66

Sections 62 to 65 of this Act are subject to the Public Order Act 1986; and, without prejudice to that generality—

(a) an order under those sections, so far as relating to the same matters as those to which any directions given under section 12 of that Act relate, shall be subject to those directions . . . ; and

(b) anything done in conformity with any such directions . . . or omitted, in conformity therewith, to be done shall not be an offence under section 65 of this Act.

Part VI — Lost and Abandoned Property

Duty of finder

67

(1) Subject to subsection (2) below, any person taking possession of any property without the authority of the owner in circumstances which make it reasonable to infer that the property has been lost or abandoned (“a finder”) shall take reasonable care of it and shall without unreasonable delay deliver the property or report the fact that he has taken possession of it to a constable or to any of the persons mentioned in subsection (3) below, giving a description of the property and information as to where it was found.

(2) Subsection (1) above does not apply to—

(a) property found on the premises of, or used by, an undertaking which provides a transport service for the public, being premises such as omnibus stations, ports, airports or other similar places, or on any vehicle, vessel or aircraft used by the undertaking for such a service, if provision is made in relation to such lost or abandoned property by or under any enactment other than this Act;

(b) property found on the premises of, or used by, the British Railways Board or on any vehicle, train, or vessel used by the Board;

(c) motor vehicles which appear to be abandoned, whose removal is provided for by or under any enactment other than this Act; or

(d) any dog in relation to which provision is made under sections 3 and 4 of the Dogs Act 1906 (which relate to stray dogs).

(3) The persons referred to in subsection (1) above are—

(a) the owner of the property;

(b) the person having right to possession of it;

(d) any person apparently having the authority to act on behalf of any of those persons.

(4) Where a person who takes possession of property or receives a report about its finding is—

(a) a person referred to in paragraph (c) of subsection (3) above, he shall deliver the property or report the fact that he has taken possession of it to a constable or to any of the persons referred to in paragraphs (a), (b) or (d) of that subsection;

(b) a person referred to in paragraph (d) of subsection (3) above, he shall deliver the property or report the fact that he has taken possession of it to a constable or to any of the persons referred to in paragraphs (a), (b) or (c) of that subsection.

(5) Any person who reports the fact that he has taken possession of any property to a constable under this section shall, on being required to do so by the chief constable, deliver the property to such person at such time as the chief constable may direct.

(6) Any person who fails without reasonable excuse to comply with the provisions of this section shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £50.

Functions of chief constable

68

(1) This section applies to any property which has been delivered or the finding of which has been reported to a constable under section 67 of this Act, or which has been found by a constable.

(2) The chief constable shall make such arrangements as he considers appropriate for the care and custody of the property.

(3) The chief constable shall take reasonable steps to ascertain the identity of the owner or person having right to the possession of the property and to notify him where it can be collected.

(4) The chief constable may, after the expiry of a period of 2 months from the date on which the property was delivered or its finding reported to a constable under section 67 of this Act, having regard to the whole circumstances including the nature and value of the property and the actings of the finder, offer it to the finder under section 70(1)(b) of this Act or, if in his opinion so to offer it would be inappropriate, may sell it or, if in his opinion it would be both inappropriate so to offer it and impracticable to sell it, may dispose of it or make arrangements for its disposal otherwise as he thinks fit; but he shall not do any of these things before the expiry of that period other than by returning it to the claimant under section 69 of this Act or by disposing of it under subsection (5) below.

(5) If the property cannot, in the opinion of the chief constable, be safely or conveniently kept for the period mentioned in subsection (4) above he may dispose of it or arrange for its disposal within that period in such manner as he thinks fit.

(6) The chief constable shall keep a record of particulars connected with the property and shall retain the record so kept for a period of one year from the date on which the property is disposed of under the provisions of this Part of this Act.

Claims by owner etc. prior to disposal

69

(1) The owner or person having right to possession of any property in the possession of the chief constable by virtue of section 67 of this Act, or of another person under arrangements made by the chief constable, may at any time prior to its disposal under section 68 of this Act claim that property from the chief constable in accordance with such procedure as the chief constable may direct.

(2) The chief constable shall consider any claims to property made under subsection (1) above, and, on being satisfied that the claimant is the owner of that property or has a right to possession of it, shall deliver or arrange for the delivery of the property to the claimant on such conditions (if any) as he thinks fit, including payment of such reasonable charges (including any reasonable expenses incurred by him or on his behalf) as the chief constable may determine and payment of such sum as the claimant may be ordered to pay under section 70 of this Act.

(3) Nothing in this section affects any right to or interest in the property arising otherwise than by virtue of this section.

Powers of chief constable regarding rewards

70

(1) The chief constable may—

(a) in the event of a claim to property being made under section 69 of this Act by a person appearing to him to be the owner of it or having right to possession of it, order the claimant to pay to the chief constable such sum as he may determine as a reward to the finder; or

(b) in the event of any such property not being claimed by such a person, give that property or any part of it to the finder, or pay him such sum as he may determine as a reward.

(2) In determining whether to make any reward under subsection (1) above and in determining the amount of any such reward the chief constable shall have regard to the whole circumstances including—

(a) the nature and value of the property;

(b) where there is a claimant to the property, the ability of the claimant to pay; and

Rights arising on disposal of property

71

(1) Any disposal of property under sections 68 or 70 of this Act to a person taking in good faith shall, subject to subsection (2) below, vest the ownership of the property in that person.

(2) In the case of any such disposal of property made otherwise than for value, any person who was immediately before the disposal the owner of the property (“the previous owner”) shall ... be entitled within the period of one year after the date of the disposal to recover possession of the property as owner.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rights to compensation

72

(1) Subject to the provisions of this section, the previous owner of any property disposed of for value under section 68 of this Act shall be entitled to compensation.

(2) A claim for compensation under subsection (1) above in respect of any property may be made within a period of one year after the date of its disposal under section 68 of this Act in such manner as the chief constable may direct.

(3) The amount of compensation payable under subsection (1) above shall be the net proceeds of the sale of the property, but no compensation shall be payable where the net proceeds of the sale of the property are less than £100 or such other amount as the Secretary of State may, by order made by statutory instrument, specify, and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) In this section, “net proceeds of sale” means the sum received for any property on its disposal for value under section 68 of this Act after deduction of—

(a) any expenses incurred in connection with the disposal of the property;

(b) any amount paid as a reward by the chief constable under section 70 of this Act; and

(c) such reasonable charges (including any reasonable expenses incurred by him or on his behalf) as the chief constable may determine.

No right of ownership conferred by finding

73

No person who—

(a) finds any property appearing to have been lost or abandoned;

(b) is the employer of a finder of such property; or

shall by reason only of the finding of that property have any right to claim ownership of it.

Living creatures

74

Where any person who has found any living creature, other than a stray dog or livestock (which expression shall have in this section the same meaning as it has for the purposes of section 129 of this Act), has been permitted to have, at his request, care and custody of that creature under arrangements made by the chief constable under section 68(2) of this Act and the creature—

(a) has continued to be in his care and custody for a period of 2 months, and

(b) has not been claimed during that period,

that person shall at the end of that period become the owner of that creature.

Stray dogs

75

In the Dogs Act 1906—

(a) in section 3 (seizure and disposal of stray dogs) there shall be inserted after subsection (7) the following subsection—

(7A) Where a dog is disposed of under this section to a purchaser in good faith, the sale shall vest the ownership of the dog in the purchaser.

; and

(b) in section 4 (duty of finder of stray dog)—

(i) in subsection (3) after the word “ of” , where secondly occurring, there shall be inserted the words “ subsections (1) and (2)” and for the words “ forty shillings” there shall be substituted the words “ £50” ;and

(ii) after subsection (3) there shall be inserted the following subsection—

(4) Where a person has taken possession of a stray dog, and kept it in accordance with subsection (2)(a) above for a period of two months without its having been claimed by the person having right to it, the person who has taken possession of it shall, at the end of that period, become the owner of the dog.

Appeal to sheriff

76

(1) Any person mentioned in subsection (2) below may appeal to the sheriff against any decision of the chief constable made under the sections specified in relation to that person in that subsection.

(2) The persons referred to in subsection (1) are—

(a) a claimant under section 69 of this Act;

(b) a finder or claimant mentioned in section 70 of this Act;

(3) An appeal under this section shall be made by way of summary application and shall be lodged with the sheriff clerk within 21 days from the date of the decision appealed against.

(4) On good cause being shown, the sheriff may hear an appeal under this section notwithstanding that it was not lodged within the time mentioned in subsection (3) above.

(5) In upholding an appeal under this section the sheriff may—

(a) remit the case with the reasons for his decision to the chief constable for reconsideration of his decision; or

(b) reverse or alter the decision of the chief constable.

Financial provisions

77

(1) Any moneys received by the chief constable as the proceeds of the disposal of lost or abandoned property under the provisions of this Part of this Act shall be paid by him to the Scottish Police Authority .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Crown application of Part VI

78

(1) Subject to subsection (3) below, this Part of this Act binds the Crown.

(2) Accordingly, rights which the Crown has in lost or abandoned property shall be capable of being extinguished in accordance with the provisions of sections 71 and 74 of this Act.

(3) Subject to subsection (2) above, nothing in this Part of this Act affects the Crown’s right of ownership in lost or abandoned property.

Interpretation of Part VI

79

In this Part of this Act—

“chief constable” means the chief constable of the Police Service of Scotland;

“finder” has the meaning given by section 67 of this Act;

“previous owner” has the meaning given by section 71(2) of this Act.

Part VII — Property in Possession of Persons Taken into Police Custody

Application of Part VII to property

80

(1) Subject to subsection (2) below, this Part of this Act applies to all the property which is found in the possession of a person, or in his charge, at the time when he is taken into police custody, that is to say, when he is arrested by a constable.

(2) This Part of this Act does not apply to—

(a) property which is, or is reasonably suspected by a constable to be, in the unlawful possession of a person taken into police custody;

(b) property which the prosecutor determines is or may be required as a production in criminal proceedings or which he determines is or may be required for any other purpose relating to such proceedings;

Chief constable to take charge of property

81

(1) The chief constable may take charge of any property to which this Part of this Act applies and shall make such arrangements as he considers appropriate for the care and custody of the property.

(2) The chief constable shall keep a record of particulars connected with property of which he takes charge under subsection (1) above and shall retain the record so kept for a period of one year from the date on which the property is disposed of under the provisions of this Part of this Act.

Provision as to property where the person in custody is the owner etc.

82

(1) If the chief constable is satisfied that the person taken into police custody is the owner or has right to the possession of the property—

(a) he shall require that person to make suitable arrangements for the collection, care and custody of the property; and

(b) if that person fails to make such arrangements as are referred to in paragraph (a) above within a reasonable time of having been required under that paragraph to do so, the chief constable—

(i) may make such arrangements as he thinks fit for the care and custody of the property;

(ii) if the property cannot in his opinion be safely or conveniently kept, may dispose of it, or arrange for its disposal, as he thinks fit.

(2) When a person in relation to whose property the chief constable has made arrangements under subsection (1)(b)(i) above ceases to be in police custody, the chief constable shall make the property available to him or to any person authorised by him to act on his behalf for the purposes of this subsection on such conditions as the chief constable thinks fit, including payment of any reasonable expenses incurred by him in connection with the custody of the property.

(3) Any disposal of property under subsection (1)(b)(ii) above to a person taking in good faith shall vest the ownership of the property in that person.

(4) Any right which the Crown might have in property by virtue of its abandonment by its owner shall be capable of being extinguished in accordance with subsection (3) above.

(5) Any proceeds from the disposal of the property under subsection (1)(b)(ii) above shall, after deduction of any reasonable expenses incurred by the chief constable in connection with the custody and disposal of the property, be kept by the chief constable on behalf of the person in police custody and shall be paid to that person when he ceases to be in such custody or to another person authorised on his behalf.

(6) Where the proceeds mentioned in subsection (5) above do not cover the reasonable expenses of the chief constable in connection with the custody or disposal of the property, the chief constable may recover those expenses from the person who was taken into police custody.

Provision as to property where the person in custody is not the owner etc.

83

If the chief constable has reason to believe that the person taken into police custody is not the owner or the person having right to possession of property to which this Part of this Act applies, the provisions of Part VI of this Act shall apply to the property as they apply to property to which section 67 of this Act applies (the property being regarded, for the purposes of those provisions, as being found by the constable arresting or detaining the person so taken).

Appeal to sheriff

84

Any person taken into police custody may appeal to the sheriff against the decision of the chief constable under this Part of this Act in relation to property found in that person’s possession or in his charge when taken into custody, and subsections (3) to (5) of section 76 of this Act shall apply to an appeal under this section as they apply to an appeal under that section.

Financial provisions: property of persons in custody

85

(1) Any moneys received by the chief constable as the proceeds of the disposal of property to which this Part of this Act applies shall, pending their payment under section 82(5) of this Act, be paid by him to the Scottish Police Authority .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation and Crown application of this Part

86

(1) In this Part of this Act, “chief constable” means the chief constable of the Police Service of Scotland.

(2) This Part of this Act binds the Crown.

Part VIII — Buildings, etc.

Local authorities' powers in relation to buildings in need of repair

87

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purposes of this section, any object or structure fixed to a building or forming part of the land and comprised within the curtilage of a building shall be treated as part of the building.

(3) Where it appears to a local authority to be necessary in the interests of health or safety or to prevent damage to any property that they should repair immediately a building in their area, they may without prior notice rectify such defects in the building as could have been specified in a notice under subsection (1) above had such a notice been served and any person authorised by them may, on their behalf, for these purposes, enter the building and the land pertaining thereto.

(4) The local authority may recover from the owner of the building the expense of anything done by them under subsection (3) above or, where there is more than one owner, apportion such expense among them and recover from each the appropriate sum, but may remit any sum or any part of any sum due to them under this subsection as they think fit.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Installation of pipes through neighbouring property

88

(1) The sheriff may, on summary application by an owner of a part of a building who requires, but has been refused or otherwise has been unable to obtain, the consent of any other person for—

(a) the installation—

(i) on the outside surface of any external wall or roof of the building;

(ii) in, through or under any part of the building which is held in common by the owner and the other person or any land pertaining to the building which is so held;

(iii) in, through or under any part of the building owned by the other person or any land pertaining to the building which is so owned

of such pipes or drains as are necessary for the purpose of water supply to, or the soil, waste or rainwater drainage or the ventilation in connection with such drainage of, the owner’s part of the building;

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