Legalize / United Kingdom / Public General Act

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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Reform history JSON API

(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;

(b) the making of connections with common water supply pipes, or soil, waste or rainwater drains or drain ventilating pipes; or

subject to subsection (2) below, grant warrant authorising such installation, making of connections or access.

(2) The sheriff shall not grant warrant under—

(a) subsection (1) above unless it appears to him that it is reasonable that the installation be carried out, the connections be made or, as the case may be, the maintenance or repair for which access is applied for under that subsection, be done;

(b) under paragraph (a) or (b) of that subsection or, except for repair in an emergency, paragraph (c) of that subsection to an owner who has been otherwise unable to obtain consent unless it appears to him that the owner’s request for consent was made in writing to the other person at least 28 days before the application under that subsection.

(3) The sheriff may—

(a) make a warrant granted by him under this section subject to such conditions as he thinks fit;

(b) make such award of expenses as he sees fit in relation to an application under this section.

(4) An appeal shall lie to the Court of Session from the decision of the sheriff under this section.

(5) This section is without prejudice to any requirement to obtain approval under or any other obligation imposed by or by virtue of the Building (Scotland) Acts 1959 and 1970, the Sewerage (Scotland) Act 1968, the Town and Country Planning (Scotland) Acts 1972 to 1974, the Water (Scotland) Act 1980 or any other enactment relating to building, the provision of public sewerage services, planning or the public supply of water.

Safety of platforms etc.

89

(1) No person shall use or permit the use of a raised structure for the purpose of providing for himself or others raised seated or standing accommodation, unless such use has been approved by the local authority in whose area the raised structure is situated.

(2) In this section a “raised structure” means a platform, stand, staging or other similar structure.

(3) The local authority shall grant their approval of the use of a raised structure under subsection (1) above if they are satisfied that it—

(a) has been safely constructed and secured; and

(b) has sufficient means of entrance and exit including means of escape in case of fire or other emergency

in relation to the circumstances in which it is to be used; but not otherwise.

(4) Where–

(a) Part 3 of the Fire (Scotland) Act 2005 (asp 5) (“the 2005 Act”) applies in relation to the premises where the raised structure is situated; and

(b) the local authority are not the enforcing authority (as defined in section 61(9) of the 2005 Act),

the local authority shall consult the enforcing authority before making their decision under subsection (3)(b) above.

(4A) Where–

(a) Part 3 of the 2005 Act does not apply in relation to the premises where the raised structure is situated; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the local authority shall consult the Scottish Fire and Rescue Service before reaching their decision under subsection (3)(b) above.

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

(5) The local authority may, when granting their approval of the use of a raised structure under this section or at any other time thereafter, impose by notice served on the person to whom approval is being or, as the case may be, has been granted such conditions as they think necessary relating to such use, and the conditions may include a condition as to the maximum number of persons permitted to use the raised structure and a prohibition on its use for so long as the conditions contained in the notice have not been complied with.

(6) Any person who—

(a) uses or permits the use of a raised structure for the purpose of providing for himself or others raised seated or standing accommodation without the approval of the local authority under subsections (1) and (3) above; or

(b) contravenes a condition contained in a notice served on him under subsection (5) above

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

(7) This section shall not apply to—

(a) any structure in respect of which a building warrant has been granted;

(b) any structure in respect of which such a warrant, by reason only of the date when it was built, was not required; or

In this subsection, “building warrant” means a warrant for work for construction or for conversion of a building granted under section 9 of the Building (Scotland) Act 2003 (asp 8) .

(8) Nothing in this section affects any requirement to obtain approval or any other obligation imposed by or by virtue of any other enactment.

(9) The local authority shall charge such fees in respect of the discharge of their functions under this section as may be resolved by them from time to time and shall seek to ensure that the total amount of such fees is sufficient to meet the expenses incurred by them in that respect.

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

Lighting of common stairs etc.

90

(1) In this section—

“common property” means common stairs or passages or private courts;

“owner”, in relation to common property, means the owner or owners of lands or premises having a right of access by the common property;

“private court” means any area which—

(a) is maintained or liable to be maintained by a person other than a local authority; and

(b) forms a common access to lands or premises separately occupied.

(2) A local authority may—

(a) provide and maintain lighting in common property; and

(b) light and extinguish the lights in the common property or arrange for that to be done.

(3) A local authoritymay continue to provide and maintain lighting in any place where they provided and maintained it immediately before the commencement of subsection (2) above notwithstanding that the place is not common property.

(4) Where, and to the extent that, the local authorityfor the area in which any common property is situated has not exercised the powers conferred upon them by subsection (2) above, it shall be the duty of the owner—

(a) to provide and maintain lighting in the common property to the satisfaction of the local authority; and

(b) to light and extinguish the lights in the common property at such times as the local authoritymay require by order published in accordance with subsection (6) below.

(5) A local authority may by notice in writing require the owner to comply with subsection (4)(a) above within 14 days of the date of service of the notice on the owner.

(6) An order made under subsection (4)(b) above shall be published once weekly for at least two weeks in a newspaper circulating in the area of the local authority.

(7) In the event of the owner’s failing to comply with subsection (4) above, the local authority may provide and maintain lighting or, as the case may be, light and extinguish the lights in the common property.

(8) An authorised officer of the local authority shall be entitled at any reasonable time to enter common property for the purpose of determining whether subsection (4) above is being complied with and a person authorised to do so by such a authorityshall be entitled at any reasonable time to enter such property and to do there anything which the local authority are entitled to do under subsection (2), (3) or (7) above.

(9) A local authority who have, under subsection (2), (3) or (7) above, provided or maintained lighting or lit or extinguished lights shall be entitled to recover—

(a) from the owner of the lands or premises the expense incurred by the authority; or

(b) where there is more than one owner of the lands or premises, that is, where the lands or premises are common property, from each owner such proportion of the expense thereby incurred by the council as the council may determine,

but the authority may remit any sum or part of any sum due to them under this subsection.

Installation of lights in private property

91

(1) A local authorityor an owner of common property may, where it is necessary to do so for the purpose of performing their or, as the case may be, his functions under section 90 of this Act, provide and maintain lights in or on any land or building in or on which they have no right (apart from this section) to do so, and any person authorised by such authority or by such owner may, at any reasonable time, enter that land or building in order to do so on their behalf.

(2) A local authoritywho provide and maintain or an owner of common property who provides and maintains lights under this section shall, in doing so, cause as little inconvenience and damage as possible and pay compensation for any damage done; and, in case of dispute, the amount of such compensation shall be determined summarily by the sheriff, whose decision in the matter shall be final.

(3) The person having right to any land or building in or on which lights have been provided and maintained under subsection (1) above may, on giving 14 days written notice to that effect, require the local authority or, as the case may be, the owner of the common property to remove them temporarily during any reconstruction, repair or similar works relating to the land or building, and if the authority or, as the case may be, the owner fails to do so, the person having right as aforesaid may do so and recover the expense thereof from the authorityor, as the case may be, the owner, with interest thereon at such reasonable rate as that person may determine from the date on which a demand for the expenses is served until payment.

Cleaning and painting of common stairs, etc.

92

(1) In this section—

“common property” means common stairs, passages, water-closets, backgreens or basements or other similar areas or private courts;

“occupier”, in relation to common property, means the occupier or occupiers of lands or premises having a right of access by, or a right in common to, the common property.

(2) It shall be the duty of the occupier to keep the common property clean to the satisfaction of the local authoritywithin whose area the common property is situated.

(3) A local authority may make byelaws for the regulation of the cleaning of common property by the occupier in accordance with this section and such byelaws may provide that persons contravening such provisions of the byelaws as may be specified as provisions contravention of which is an offence shall be liable, on summary conviction, to a fine not exceeding level 2 on the standard scale or such lesser sum as the byelaws may specify.

(4) A local authority may by notice in writing require the occupier to comply with subsection (2) above or with byelaws made under subsection (3) above within such reasonable time as may be specified in the notice.

(5) Sections 99(4) and 106 of this Act shall not apply to a notice served under subsection (4) above.

(6) A local authority may by notice in writing require the owner or owners of lands or premises having a right of access by common stairs or passages to paint or otherwise suitably decorate the common stairs or passages within such reasonable time as may be specified in the notice.

(7) A local authority may remove litter from a backgreen or private court.

(8) An authorised officer of a local authorityshall be entitled at any reasonable time to enter common property for the purpose of—

(a) determining whether subsection (2) above and any byelaws made under subsection (3) above are being complied with;

(b) determining whether any common stairs or passages referred to in subsection (6) above require to be painted or otherwise suitably decorated.

and a person authorised to do so by such a authority shall be entitled at any reasonable time to enter such property and to do there anything which the authority may do under subsection (7) above.

(9) A person who throws down, drops or otherwise deposits, and leaves, litter in any common property shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Fire precautions in common stairs etc.

93

(1) In this section—

“common property” and “occupier” have respectively the same meanings as in section 92 of this Act;

“combustible substance” means anything which is dangerously combustible in normal conditions and includes any container holding the combustible substance including any such container forming part of a motor vehicle but does not include anything forming part of any common property.

(2) It shall be the duty of the occupier to keep the common property free of—

(a) any combustible substances;

(b) anything which might obstruct egress from and access to the property in the event of fire.

(3) Where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the common property, an enforcement officer appointed under section 61(3) of that Act or, in any other case, an authorised officer of the Scottish Fire and Rescue Service shall be entitled—

(a) to enter common property for the purpose of determining whether subsection (2) above is being complied with; and

(b) if it is not, and there is thereby an immediate risk of fire likely to endanger life, to enter the property and to do there anything he may consider necessary to remove that risk including seizing and arranging as he sees fit for the retention of any substance or other thing until claimed by a person having a right of possession to it.

(4) Where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the common property, the enforcing authority or, in any other case, the Scottish Fire and Rescue Service may by notice in writing require the occupier to comply with subsection (2) above within such reasonable time as may be specified in the notice by removing or rendering safe the substance or other thing (if any) there specified.

(5) Any person who fails without reasonable excuse to comply with a notice served under subsection (4) above shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6) Section 105 of this Act shall apply to a notice served by an enforcing authority or the Scottish Fire and Rescue Service under subsection (4) above, as it applies to notices served by local authorities.

(7) The enforcing authority or, as the case may be, the Scottish Fire and Rescue Service shall be entitled to recover the expense of doing anything under subsection (3)(b) above from the occupier or person having a right of possession to such substances or articles as are referred to in the said subsection (3)(b) but may remit any sum or any part of any sum due to them under this subsection as they think fit.

(8) This section is without prejudice to any other enactment relating to fire precautions.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disused petrol containers

94

(1) Where a fixed tank or other fixed container which has been used for the storage of petrol and is no longer used for that purpose (in this section referred to as a “disused petrol container”) is kept in any lands or premises, the occupier of the lands or premises (or, where the lands or premises are unoccupied, the owner) shall take all such steps as may be reasonably necessary to prevent danger from the container.

(2) The local authority for the area in which are situated the lands or premises in which there is a disused petrol container may by notice in writing require the occupier (or, as the case may be, the owner) of the lands or premises to comply with subsection (1) above within such reasonable time as may be specified in the notice.

(3) An authorised officer of a local authorityshall be entitled, at any reasonable time, on producing his authorisation to any person for the time being in charge of any lands or premises in the area of the authority in which there is a disused petrol container to enter the lands or premises for the purpose of determining whether subsection (1) above is being complied with.

(4) This section shall not apply to lands or premises situated within the jurisdiction of a harbour authority (as defined in section 57 of the Harbours Act 1964).

(5) In this section “petrol” has the meaning given by regulation 2 of the Petroleum (Consolidation) Regulations 2014.

Private open spaces

95

(1) It shall be the duty of the owner of every open space which is—

(a) in a populous place; and

(b) set apart for use by the owners or occupiers of two or more separate properties,

to maintain the open space and any boundary walls or fences so as to prevent danger or nuisance to the public.

(2) A local authoritymay by notice in writing require the owner of an open space referred to in subsection (1) above to comply with that subsection within such reasonable time as may be specified in the notice.

(3) An owner of an open space referred to in subsection (1) above shall be entitled to recover from each person entitled to use the open space an equal proportion of—

(a) the expense incurred by the owner in complying with that subsection; and

(b) any amount paid by the owner to the local authorityunder section 99(4) of this Act.

Statues and monuments

96

(1) A local authoritymay—

(a) erect, maintain, or permit the erection or maintenance of, any statue or monument in any public place;

(b) demolish or remove to another site any statue or monument maintained by them;

(c) by notice in writing require the owner of any statue or monument not maintained by them which is in a public place owned by them, within such reasonable time as may be specified in the notice, to put it in good order and repair, or demolish it or remove it to another site:

(2) Sections 99 to 109 of this Act shall apply in relation to a statue or monument in respect of which a notice is served under paragraph (c) of subsection (1) above with the following modifications—

(a) any reference in these sections to the land or premises shall be construed as a reference to the statue or monument; and

(b) any reference to a tenant or other occupier of land or premises shall be construed as a reference to the tenant or other occupier of the land or premises in or on which the statue or monument is situated.

(3) This section is without prejudice to section 53 of the Town and Country Planning (Scotland) Act 1972 (control of works for demolition, alteration or extension of listed building) or section 2 of the Ancient Monuments and Archaeological Areas Act 1979 (control of works affecting scheduled monuments).

Street names and house numbers

97

A local authority may, in relation to any . . . road . . . in their area—

(a) give such name to it as they think fit;

(b) after advertising in a newspaper circulating in their area any proposal to alter its name and taking into account any representations thereupon made to them within 28 days after the date of the first publication of the advertisement, alter any such name;

(c) affix, paint or mark its name on any premises, fence, lamp post, pole or other structure in it so as to be readily legible to members of the public there, and erect poles or other structures there for that purpose;

(d) give each of the premises in it such distinguishing number as they think fit; alter that number when necessary; and require the owner of each of the premises, by notice served on him, to affix or paint that number on his premises so that it is readily legible from the nearest part of the public place giving access to the premises.

Luminous tube signs

98

(1) The Secretary of State may make regulations for ensuring the safe operation of electrical luminous tube signs, and without prejudice to that generality such regulations may include provisions—

(a) requiring the provision of switches to cut off the supply of electricity to such signs to the satisfaction of the Scottish Fire and Rescue Service ;

(b) requiring the giving of notice to the Scottish Fire and Rescue Service by any person proposing to install such a sign;

(c) empowering the Scottish Fire and Rescue Service to serve a counter-notice prohibiting the use of such a sign if they are not satisfied that it is safe in the event of its being affected by fire or steps taken to put fire out;

(d) giving a right of appeal against a counter-notice to the sheriff by the person upon whom it has been served;

(e) making it an offence to fail without reasonable excuse to comply with any obligation imposed by the regulations which is specified in the regulations as an obligation breach of which is an offence and providing that any person guilty of such an offence shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale or such lesser sum as may be specified in the regulations.

(1A) Where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to premises where there is an electrical luminous tube sign, paragraphs (a), (b) and (c) of subsection (1) above apply as if references to the Scottish Fire and Rescue Service were references to the enforcing authority.

(2) In subsection (1) above—

“electrical luminous tube sign” means—

(a) any luminous tube sign designed to work on a voltage of such description as may be specified in regulations made under subsection (1) above, or ancillary equipment so designed; and

(b) any transformer required to raise the voltage of the sign or equipment; and

(3) The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Powers of entry, execution of works, etc.

Power to enter, execute works and recover expense

99

(1) Where, under any notice served by a local authority under this Part of this Act, anything is required to be done by the owner or occupier of land or premises in relation to the land or premises an authorised officer of the local authority may, on the expiration of any period of time specified in the notice as that in which the thing has to be done, enter the land or premises to see if whatever is required to be done under the notice has been done.

(2) Where—

(a) under any notice served by a local authority under this Part of this Act, anything is required to be done by the owner or occupier of land or premises in relation to the land or premises and the owner, or as the case may be, the occupier fails to do it in accordance with the notice; and

(b) there is no express provision in this Act, apart from this section, authorising the local authority to do whatever is required by the notice to be done,

any person authorised by the local authority may enter the land or premises and do or cause to be done whatever is required by the notice to be done.

(3) A person shall not be entitled to exercise the powers which he may exercise under subsections (1) or (2) above until he has produced his authorisation to do so to the person for the time being in charge of the land or premises.

(4) Subject to subsection (7) below, a local authority shall be entitled to recover the expense of doing anything in relation to any land or premises under subsection (2) above from the owner or, as the case may be, the occupier of the land or premises but may remit any sum or any part of any sum due to them under this subsection as they think fit.

(5) Where such expense as is mentioned in subsection (4) above is recoverable under that subsection from more than one person, the local authority may apportion such expense among them.

(6) Where a local authority claim to recover any expense as is mentioned in subsection (4) above from a person and he proves that he—

(a) is receiving the rent of the land or premises merely as trustee, tutor, curator, factor or agent for some other person; and

(b) has not, and since the date of service on him of the demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority,

his liability shall be limited to the total amount of money which he has or has had in his hands as aforesaid.

(7) Subsection (4) above does not apply in relation to any cleaning of common property done under subsection (2) above.

(8) In this section and in sections 100 to 109 of this Act references to the occupier of land or premises include references to the occupier of common property within the meaning given to those expressions by section 92 of this Act.

Interest on expenses

100

Where under any provision of this Part of this Act a local authority is entitled to recover expenses, they shall also be entitled to interest thereon at such reasonable rate as they may determine from the date on which a demand for the expenses is served until payment but they may remit any sum or any part of any sum due to them as interest as they think fit.

Offences relating to powers of entry and carrying out of works

101

Any person who—

(a) fails without reasonable excuse to permit—

(i) an authorised officer of a local authority who, in pursuance of sections 90(8), 91(1), 92(8) or 99(1) of this Act, demands to do so, to enter any land or premises; or

(ii) a person authorised by a local authority under section 87(3), 90(8), 91(1), 92(8) or 99(2) of this Act to enter any land or premises and do or cause anything to be done there who demands to do so or an owner of land, building or other premises or his contractors or workmen who having been authorised under section 88 or 104 or being entitled under section 91(1) of this Act to enter the land, building or other premises and execute work there demands or demand to do so, to enter the land, building or other premises and do there whatever is to be done; or

(b) obstructs the entry in pursuance of this Act to any land or premises of, or the doing there in accordance with this Act of anything by, any such authorised officer or other person who has demanded so to enter or so to do that thing,

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

Entry warrants

102

(1) If a justice of the peace or sheriff is satisfied by evidence on oath that—

(a) entry to any land or premises which a person is entitled to enter in pursuance of this Part of this Act has been refused to that person or he has been prevented from doing there anything which he is entitled to do in pursuance of this Part of this Act or such refusal or prevention is apprehended or that the land or premises are unoccupied or that the occupier is temporarily absent or that the case is one of emergency; and

(b) there is reasonable ground for entry to the land or premises for the purposes for which entry is required

he may grant a warrant to the person to enter the land or premises specified in the warrant if need be by force and to do whatever is to be done.

(2) A warrant issued in pursuance of this section shall continue in force for a period of one month beginning with the day on which it was granted or until the purpose for which entry is required has been satisfied, whichever is the shorter.

(3) A person who has been granted a warrant under this section to enter any unoccupied land or premises or land or premises the occupier of which is temporarily absent shall leave the land or premises as effectively secured against trespassers as he found it or them.

Execution of owner's works by occupier

103

(1) If, in relation to any land or premises, the owner of the land or premises fails to do anything which he is required to do by notice served under this Part of this Act, the tenant or other occupier of the land or premises may, with the consent of the local authority which served the notice, do whatever the notice requires to be done, and may, subject to subsection (2) below, deduct the expense of doing so (with interest thereon from the date on which the expense was incurred at such reasonable rate as the local authority may determine) from any rent due or to be due by the tenant or occupier to the owner in respect of the land or premises.

(2) Nothing in subsection (1) above authorises the deduction of any expenses from any rent where the deduction would be at variance with any right or obligation arising apart from that subsection between the owner of the land or premises and the tenant or occupier thereof.

Powers of entry: occupier and owner

104

If the tenant or other occupier of any land or premises prevents the owner of them from executing any work which he is required to execute in pursuance of any notice served by a local authority under this Part of this Act, the sheriff may, on the application of the owner, authorise the owner and his contractors and workmen to enter the land or premises for the purpose of executing such work.

Contents of notices

105

Except where otherwise expressly provided under this Part of this Act, any notice issued or served by a local authority under this said Part regarding the doing of any thing in relation to land or premises shall, so far as necessary and reasonably practicable, specify—

(a) details, including the location, of the land or premises;

(b) the nature of any works which have to be carried out and of any requirements which have to be met; and

Appeals

106

(1) A person may, in accordance with subsection (3) below, appeal to the sheriff—

(a) against any requirement in any notice served on him under this Part of this Act by a local authority; or

(b) in respect of the amount of any expenses or interest claimed from him or the rate at which interest is charged against him under this Part of this Act.

(2) The owner of any land or premises may, in accordance with subsection (3) below, appeal to the sheriff in respect of any expenses or interest (including the rate at which interest is charged) claimed or deducted under section 103 of this Act.

(3) An appeal under subsection (1) or (2) above shall be made by way of summary application and shall be lodged within 14 days of—

(a) in the case of an appeal under paragraph (a) of subsection (1) above, the date of service of the notice; and

(b) in other cases, the date of service of the claim for payment or, in the case of an appeal under subsection (2) above where the expense or interest has been deducted from rent, the date of that deduction.

(4) The sheriff may, on an appeal under this section—

(a) order that the requirement appealed against shall be of no effect or that it shall have effect subject to such modifications as he may specify in his order or confirm it;

(b) make such order as to the expenses which are or interest which is the subject of the appeal as appears to him appropriate.

(5) Any party to an appeal under subsection (1) or (2) above may appeal on a point of law from the sheriff’s decision to the Court of Session within 14 days from the date of that decision.

(6) No appeal shall lie from the opinion of the Court of Session given in pursuance of subsection (5) above.

Time for enforcing certain notices

107

A notice containing a requirement which may be appealed against under paragraph (a) of section 106(1) of this Act shall not be acted upon by a local authority or any person authorised by a local authority to do anything until the time for appealing under that paragraph has expired or, if an appeal thereunder has been lodged, until it is disposed of or abandoned.

Recovery of expense incurred under section 87 by charging order

108

(1) Where, under—

(a) section 87(3) of this Act; or

(b) section 99(4) thereof (to the extent that it relates to failure to rectify a defect specified in a notice served under section 87(1) thereof)

a local authority are entitled to recover any expenses, they may make in favour of themselves an order providing and declaring that the land, building or premises is thereby charged and burdened with an annuity to pay the amount of the expenses.

(2) Paragraphs 2 to 8 of Schedule 9 to the Housing (Scotland) Act 1987 shall apply to an order under subsection (1) above as they apply to a charging order under paragraph 1 of that Schedule but with the following modification, that is to say, in sub-paragraph (b)(ii) of paragraph 4 of that Schedule , after the word “Act”, where thirdly occurring, there shall be inserted the words “or under the Building (Scotland) Act 1959.”.

Replacement of provisions of this Part by Health and Safety Regulations

109

Subsection (1) of section 80 of the Health and Safety at Work etc. Act 1974 (repeal or modification of certain provisions by regulations) shall apply to any provision of this Part of this Act and to any byelaws made under any such provision as it applies to any provision mentioned in subsection (2) of that section.

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