Civic Government (Scotland) Act 1982

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

• (c) access to the pipes or drains referred to in paragraph (a) above for the purpose of their maintenance and repair,

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

• (c) scaffolding or similar equipment used in connection with work on a building or other structure.

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

• (c) the period within which the notice has to be complied with.

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.

Part IX — Miscellaneous and General

Byelaws

Byelaws

110

• (1) The Local Government (Scotland) Act 1973 shall be amended in accordance with subsections (2) and (3) below.

• (2) In section 202 of that Act (procedure etc. for byelaws)—

• (a) for subsection (1)(c)(ii) there shall be substituted the following—

(ii) the Civic Government (Scotland) Act 1982 ;

; and

• (b) in subsection (9), for the words “ Burgh Police (Scotland) Acts 1892 and 1903” there shall be substituted the words “ Civic Government (Scotland) Act 1982”.

• (3) After the said section 202 there shall be inserted the following sections—

(202A) A local authority shall, not later than 10 years from whichever is the later of the following times— (a) the coming into force of a byelaw which they have the power to revoke or amend ; (b) the coming into force of this section ; review that byelaw and do so thereafter at intervals of not more than 10 years. (202B) (2) The register kept under subsection (1) above shall contain— (a) a description of the byelaws, including a description of any offences created and penalties imposed by the byelaws; (b) the date or dates when the byelaws and any amenments to them were confirmed ; (c) the date or dates when the byelaws and any amendments to them came or come into operation ; and (d) the date when the byelaws and any amendments to them were last reviewed under section 202A of this Act. (3) The register kept under subsection (1) above shall at such reasonable times and places as the local authority may determine be open to public inspection and any member of the public may make a copy of or extract from anything in it. (4) No payment shall be charged or taken by the local authority for any inspection or the making of any copy or extract under subsection (3) above. (5) The local authority may, on payment of such reasonable fee as they may determine, issue a certified true copy of an entry in the register ; and any document purporting to be certified by the proper officer of the local authority as a true copy of an entry shall be sufficient evidence of the terms of the original entry. (202C) (1) Byelaws may be revoked in accordance with this section by resolution of the local authority having power (apart from this section) to revoke them. (2) At least one month before the revocation under this section of any byelaws, notice of the proposed resolution revoking them shall be given in a newspaper circulating in the area to which the byelaws apply. (3) The local authority shall not decide the question whether or not to revoke byelaws under this section without taking into account any objections made to them in response to the notice given by them under subsection (2) above. (4) Byelaws revoked under this section shall cease to have effect on the date of their revocation or on such later date as may be specified in the resolution revoking them. (5) It shall not be competent under this section to revoke, separately from the set of byelaws or byelaw containing it any byelaw or, as the case may be, any part of a byelaw which was inserted into the set of byelaws or, as the case may be, the byelaw by, or otherwise wholly or substantially derives from, a modification made by the confirming authority on the making or any amendment of the set of byelaws or, as the case may be, the byelaw. (6) It shall not be competent under this section to revoke any byelaw or any part of any byelawif the effect of the revocation would be to widen the scope of any other byelaw or, as the case may be, the remaining part of the byelaw.

Cessation of certain byelaws and saving for certain byelaws,

111

• (1) Byelaws—

• (a) made under an enactment repealed by the Local Government (Scotland) Act 1947 but saved by section 381 of that Act;

• (b) made under an enactment repealed by the Local Government (Scotland) Act 1973 but saved by section 225(1) of that Act;

• (c) penalising persons allowing dogs in their charge to deposit excrement on footpaths or footways (construed in accordance with section 48(4) of this Act)

shall cease to have effect.

• (2) Notwithstanding—

• (a) subsection (1) above;

• (b) the repeal by or under this Act of any enactment conferring a power to make byelaws; and

• (c) the repeal as at the end of 1984 by sections 229(1) and 225(6) of the Local Government (Scotland) Act 1973 of the Burgh Police (Scotland) Acts 1892 to 1911 and the local statutory provisions to which the said section 225(6) applies,

any byelaws which—

• (i) are of a kind referred to in subsection (1)(a) or (b) above; or

• (ii) were made under any power contained in an enactment repealed by this Act or contained in those Acts of 1892 to 1911 or in those local statutory provisions and could be made under this Act

shall continue in force until the end of 1986 unless earlier revoked and, during the period for which they are continued in force under this section, may be dealt with in all respects as if having effect under the Local Government (Scotland) Act 1973.

Management rules

Making of management rules

112

• (1) A local authority may, in accordance with this section, make rules, to be known as “management rules”, to regulate—

• (a) the use of; and

• (b) the conduct of persons while on or in

any land or premises which is owned, occupied or managed by the authority or is otherwise under their control and to which the public have access, whether on payment or not.

In this section, “land” does not include land below the high water mark of ordinary spring tides.

• (2) Management rules may be made notwithstanding any power under any enactment to make byelaws, whether exercised or not.

• (3) Notwithstanding section 201(3) of the Local Government (Scotland) Act 1973 (byelaws for good rule and government not to be made if provision is made by, or is or may be made under any other enactment) byelaws may be made under section 201(1) of that Act as respects any area although provision as respects that area is or may be made by any management rule.

• (4) At least one month before making management rules, a local authority shall—

• (a) give notice in accordance with subsection (5) below of—

• (i) their intention to do so;

• (ii) the general purpose of the proposed rules;

• (iii) the place where a copy of the proposed rules may be inspected;

• (iv) the fact that and time within which objections may be made; and

• (v) the address to which objections may be sent; and

• (b) make copies of the proposed rules available for public inspection without payment at their offices and so far as the authority consider practicable at the land or premises to which the rules are to apply.

• (5) Notice shall be given for the purposes of subsection (4)(a) above by advertisement in a newspaper or newspapers circulating in the area of the local authority.

• (6) Any person may, within one month after notice has first been given by a local authority under subsection (4) above, notify in writing his objection and the ground of his objection to the authority.

• (7) Before making management rules, a local authority shall take into consideration any objections timeously received by them and shall give any objector an opportunity to be heard by them.

• (8) Management rules shall come into force on the date of their execution or on such later date as may be specified in the rules and shall, unless revoked, continue in force for a period of 10 years from that date.

• (9) Management rules shall be executed for the purposes of subsection (8) above by being sealed with the common seal of the local authority making them and signed by the proper officer of that authority.

Evidence of management rules

113

The production of a copy of any management rules purporting to be made by a local authority upon which is endorsed a certificate purporting to be signed by the proper officer of the authority stating—

• (a) that the rules were made by the authority;

• (b) that the copy is a true copy of the rules; and

• (c) the date upon which the rules became effective

shall be sufficient evidence of the facts stated in the certificate, and that without proof of the handwriting or official position of any person purporting to sign a certificate in pursuance of this section.

Publication of management rules

114

Management rules made by a local authority shall, together with a notice stating where copies of the rules may be obtained, be displayed at the entrance to the land or premises to which they apply or elsewhere so that they may be seen by members of the public intending to have access to the land or premises.

Inspection and copies of management rules

115

Copies of management rules shall be open to public inspection without payment and a copy of them shall on application be furnished to any person on payment of such reasonable charge as the local authority may determine.

Expulsion or exclusion for breach of management rules

116

An authorised officer of a local authority which has made any management rule may—

• (a) if he has reasonable grounds for believing that a person has contravened, is contravening or is about to contravene the management rule, expel that person;

• (b) if he has reasonable grounds for believing that a person is about to contravene the management rule, exclude that person,

from the land or premises to which the rule applies.

Exclusion orders

117

• (1) A local authority may decide that a person who has, in respect of particular land or premises, persistently contravened or attempted to contravene management rules applying to the land or premises and is, in their opinion, likely to contravene them again, shall be made subject to an exclusion order under this section.

• (2) An exclusion order shall take effect upon a person under subsection (1) above on such a date as the local authority may decide which shall be not less than 14 days after their decision under that subsection.

• (3) The local authority shall, in accordance with subsection (7) below, give the person subject to an exclusion order notice of their decision under subsection (1) above which notice shall contain a statement of the reasons for that decision and a statement as to his right under subsection (4) below to make representations.

• (4) The person who has been made subject to an exclusion order shall be entitled to make written or oral representations to the local authority at any time up to the date when the order would, but for subsection (5) below, have taken effect upon him.

• (5) On representations being so made the local authority shall suspend the effect of their decision, consider the representations and decide whether to confirm their decision or to revoke or amend it.

• (6) Section 56(1) of the Local Government (Scotland) Act 1973 shall not apply to the discharge of a local authority’s functions under this section so as to enable them to be discharged by an officer.

• (7) Notice shall be given for the purposes of subsection (3) above by—

• (a) its being sent by recorded delivery letter to the last known address of the person subject to the order so as to arrive there, in the normal course of post, not later than five days after the decision under subsection (1) above; or

• (b) personal service of the notice upon that person within that time.

• (8) An exclusion order shall have effect for such period, not exceeding one year, as the local authority making it may determine; and a local authority may at any time reduce the period of, or revoke, an exclusion order made by them.

Offences

118

Any person who—

• (a) on being required to leave any land or premises by an authorised officer of the local authority who has reasonable grounds for believing that the person has contravened, is contravening or is about to contravene any management rule applying to the land or premises, fails to leave;

• (b) on being informed by an authorised officer who has reasonable grounds for believing that the person is about to contravene any management rule applying to any land or premises that he is excluded from the land or premises, enters or attempts to enter the land or premises; or

• (c) being a person subject to an exclusion order under section 117 of this Act, enters or attempts to enter the land or premises to which the exclusion order relates

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £50.

Regulation of charitable collections

Regulation of charitable collections The seashore etc.

119

• (1) Subject to the provisions of this section, any person who organises a public charitable collection in respect of which the local authority for the area in which it is to be held have not given their permission under this section shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

• (2) Subsection (1) above does not apply to a collection which takes place in the course of a public meeting or to a collection which takes place by means of an unattended receptacle kept in a fixed position in a public place.

• (3) An application for permission under this section shall be made in writing to the local authorityby the organiser of the collection not later than 1 month before the date of the collection, or within such other period as the authority may fix.

• (4) On receipt of an application for permission under this section the local authorityshall consult the chief constable for the area which comprises or includes their area and may make such other inquiries as they think fit.

• (5) In granting permission under this section a local authority may, subject to the provisions of any regulations made under subsection (13) below, impose such conditions as they think fit, having regard to the local circumstances in which the collection is to be held, including conditions—

• (a) specifying the date, time or frequency of the collection;

• (b) specifying the area within which it is to take place;

• (c) regulating its conduct;

• (d) specifying the form of collection boxes, other containers and any other articles used for the purposes of the collection; and

• (e) as to any other matter relating to the local circumstances of the collection.

• (6) A local authority may refuse to grant permission under this section on any of the following grounds—

• (a) that the date, time, frequency or area of the collection would cause undue public inconvenience;

• (b) that another collection in respect of which permission under this section has been granted or which is exempt under subsection (11) below is due to take place on the same or a proximate day;

• (c) that it appears to them that the amount likely to be applied for charitable purposes in consequence of the collection is inadequate having regard to the likely amount of the proceeds of the collection;

• (d) that the organiser of the collection has been convicted of an offence under section 5 of the Police, Factories, etc. (Miscellaneous Provisions) Act 1916 or the House to House Collections Act 1939, or under this section or regulations made under subsection (13) of this section, or of any other offence which involves dishonesty or the commission of which would be likely to be facilitated by the grant of permission under this section.

• (7) A local authority may—

• (a) if they have reason to believe that there has been a change in the circumstances which prevailed at the time when they granted a permission under this section and they are of the opinion that, in consequence, grounds of refusal under subsection (6) above apply, withdraw the permission or vary any condition imposed by them under subsection (5) above in relation to that permission;

• (b) if they have reason to believe that there has been, is or is likely to be a breach of any condition imposed by them under subsection (5) above, withdraw a permission under this section.

• (8) Where permission for a collection is refused under subsection (6) above or withdrawn under subsection (7) above, the local authorityshall give written notice of that fact to the organiser of the collection and such notice shall include a statement of the reasons for such refusal or withdrawal.

• (9) The organiser of a collection may appeal to the sheriff against the decision of a local authority—

• (a) under subsection (6) above, refusing permission for a collection;

• (b) under subsection (7) above, withdrawing such permission;

• (c) under subsection (5) above, imposing any condition;

• (d) under the said subsection (7), varying any condition,

and an appeal under this subsection shall be made by way of summary application and shall be lodged with the sheriff clerk within 14 days of the date of the decision appealed against or, in a case where reasons for a decision have been given, within 14 days from the date of receipt of those reasons.

• (10) In upholding an appeal under subsection (9) above, the sheriff may—

• (a) remit the case with the reasons for his decision to the local authority for reconsideration of their decision; or

• (b) reverse or alter the decision of the local authority.

• (11) If he is satisfied that a person pursues charitable purposes throughout the whole or a substantial part of Scotland, the Secretary of State may direct that that person shall, subject to such conditions as may be specified in the direction, be exempt from subsection (1) above.

A direction made under this subsection may be revoked or amended by a further direction so made.

• (12) Notwithstanding the provisions of subsection (11) above, any person who has been exempted from subsection (1) above by a direction of the Secretary of State under subsection (11) above shall, unless the Secretary of State otherwise directs, give to the local authorityin whose area he intends to organise a public charitable collection 3 months notice of that intention.

A direction under this subsection may be revoked or amended by a further direction so made.

• (13) Subject to the provisions of this section, the Secretary of State may make regulations for the purposes of regulating public charitable collections and, without prejudice to that generality, regulations may include provision about the keeping and publication of accounts, provision for prevention of annoyance to the public and provision making it an offence to fail 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 making any person guilty of such an offence liable on summary conviction to a fine not exceeding £50 or such lesser sum as may be specified in the regulations.

• (14) Regulations under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

• (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (16) In this section “public charitable collection” means a collection from the public of money (whether given by them for consideration or not) for charitable purposes taken either in a public place or by means of visits from place to place and “charitable purposes” means any charitable, benevolent or philanthropic purposes whether or not they are charitable within the meaning of any rule of law.

The seashore etc.

Savings for Crown and other rights

120

Subject to—

• (a) the provisions of the Coast Protection Act 1949, the Town and Country Planning (Scotland) Acts 1972 to 1974 and the Dumping at Sea Act 1974;

• (b) the functions of statutory undertakers and port authorities; and

• (c) any public rights of way

a local authority may exercise, with respect to the seashore and adjacent waters, the powers conferred on them by sections 121 and 122 of this Act ....

Control of the seashore, adjacent waters and inland waters

121

• (1) Insofar as it is necessary to do so for the purpose of preventing nuisance or danger at, or preserving or improving the amenity of, or conserving the natural beauty of, the seashore, a local authority may, in accordance with this section, make byelaws—

• (a) regulating or prohibiting any activity by way of trade or business with, or in expectation of personal reward from, members of the public on the seashore;

• (b) regulating the use of vehicles on the seashore;

• (c) regulating the exercise of sporting and recreational activities on the seashore.

• (2) Byelaws under subsection (1) above may confine the exercise of any activity (including the use of vehicles or kinds of vehicles) specified in the byelaws to a part of the seashore specified in the byelaws and prohibit the exercise in that part of the seashore of any other activity (including such use) so specified.

• (3) A local authority may, in accordance with this section, make byelaws relating to the adjacent waters for the purpose of—

• (a) regulating the speed of pleasure boats in these waters;

• (b) regulating the use of pleasure boats in these waters so as to prevent their navigation in a dangerous manner or without due care and attention or without reasonable consideration for other persons;

• (c) requiring the use of effective silencers on pleasure boats in these waters;

• (d) regulating the activities in these waters of divers, surfers, water skiers and persons engaged in similar recreational pursuits.

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

• (5) Byelaws may be made under this section only if—

• (a) the local authority have complied with subsection (6) below and made such other inquiries as may be reasonably necessary to ascertain the existence and identity of each person having—

• (i) in the case of byelaws under subsection (1) above, a proprietorial interest in the seashore;

• (ii) in the case of byelaws under subsection (3) above, a proprietorial interest in relation to the adjacent waters;

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iv) in any case, a proprietorial interest in any salmon fishings;

being a proprietorial interest which may be affected by the byelaws;

• (b) the local authority have given notice in writing of their proposal to make byelaws to each person having a proprietorial interest such as is mentioned, in relation to the byelaws, in paragraph (a) above whose identity has been ascertained as mentioned in the said paragraph (a);

• (c) the local authority have, in connection with their proposal to make the byelaws, consulted such person or body, if any, as appears to them to be representative of persons who engage in each sporting or recreational activity which may be affected by the byelaws.

• (6) The local authority shall give public notice of their proposal to make byelaws under this section . . . in a newspaper circulating in the area where the byelaws are proposed to have effect.

• (7) If a local authority have complied with subsections (5)(a) and (6) above, . . ., the authority may . . . proceed to make the byelaws but shall not proceed earlier than one month after the date of the advertisement under subsection (6) above or, if there were more than one advertisement, the later or last of those dates.

• (8) Byelaws made under this section may provide that persons contravening such provisions of the byelaws as may be therein specified as provisions contravention of which is an offence shall be liable, on summary conviction thereof, to a fine not exceeding £50 or such lesser sum as the byelaws may specify; and any offence against any such provision of such byelaws committed within adjacent waters may be inquired into and dealt with as if it had been committed within the area of the local authority concerned.

• (9) A local authority may on the seashore or in or on adjacent waters place notices or other indications advising the public as to any danger or health hazard connected with the seashore or those waters.

• (10) A local authority may provide staff for life saving and any boats or equipment which are appropriate for life saving.

• (11) A local authority, when exercising their powers under this section, shall have regard to the need to protect and maintain any public rights under the guardianship of the Crown to use the foreshore, and adjacent waters.

• (12) In subsection (1) above, the reference to conserving natural beauty shall be construed in accordance with section 78(2) of the Countryside (Scotland) Act 1967.

Power to execute works on seashore

122

• (1) A local authority may, in accordance with this section, on any part of the seashore or in or on adjacent waters or the bed thereof, execute any works for the purpose of preserving, improving or restoring amenity.

• (2) Works may be carried out under this section only if—

• (a) the authorityhave complied with subsection (4) below and made such other inquiries as may be reasonably necessary to ascertain the existence and identity of each person having, in the seashore or in relation to the adjacent waters or in the bed thereof or in any salmon fishings, a proprietorial interest which may be affected by the works; and

• (b) subject to subsection (5) below—

• (i) every such person has consented to their being carried out; and

• (ii) in the case of works by any local authority other than the authority for Orkney Islands, Shetland Islands or Western Isles, they have obtained the consent of the river purification board within whose area the works are to be carried out; . . .

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) A local authority, when exercising their powers under this section, shall have regard to the need to protect and maintain any public rights under the guardianship of the Crown to use the foreshore and adjacent waters or the bed thereof.

• (4) The local authority shall—

• (a) give public notice of their proposal to carry out works under this section and of the effect of subsection (2)(b)(i) above in relation to that proposal in a newspaper circulating in the area where the works are proposed to be carried out; and

• (b) notify the Crown Estate Commissioners or (as the case may be) the relevant person of that proposal.

• (5) If a local authority have complied with subsections (2)(a) and (4) above but the consent of a person whose consent to the carrying out of the works is required under subsection (2)(b)(i) above cannot be obtained because his existence or identity is unknown or he cannot be found or if the consent of a person whose consent is required under subsection (2)(b) above cannot be obtained because he fails to respond in any way to a request for his consent, the authority may nevertheless proceed to carry out the works but shall not so proceed earlier than one month after the date of the advertisement under subsection (4) above or, if there were more than one advertisement, the later or last of these dates.

Interpretation of sections 120 to 122

123

• (1) In sections 120 to 122 of this Act—

• “adjacent waters” means—waters within a distance from low water mark of ordinary spring tides not exceeding 1,000 metres; orwhere the width of the waters separating the area of one local authority from that of another is less than 2,000 metres, measured by the shortest distance between the respective such low water marks in these areas, the waters within the median line between those respective low water marks;

• ...

• “proprietorial interest” means the interest of a proprietor or lessee;

• “relevant person”, in relation to any part of the seashore to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that part of the seashore;

• “seashore” means the shore of the sea, that is to say, the land between the low water mark and the high water mark of ordinary spring tides and every cliff, bank, barrier, dune, beach, flat, esplanade or other land above the said high water mark adjacent to the shore, and to which the public have right of access;

• “statutory undertakers” has the meaning assigned to it by section 275 of the Town and Country Planning (Scotland) Act 1972, except that it also includes . . . . . . . . . British Telecommunications.

• (2) Sections 120 to 122 of this Act and this section shall apply to Crown land, that is to say, land an interest in which belongs to Her Majesty in right of the Crown or belongs to a government department or is held in trust for Her Majesty for the purposes of a government department and, for the purposes of giving notice or, as the case may be, giving or withholding consent under these sections in relation to such land, the appropriate authority shall be—

• (a) in relation to land an interest in which belongs to Her Majesty in right of the Crown and is within the administration of the Crown Estate Commissioners, these Commissioners;

• (aa) in relation to land an interest in which belongs to her Majesty in right of the Crown and is within the administration of a relevant person, that person;

• (b) in relation to land an interest in which belongs to a government department or is held in trust for Her Majesty for the purposes of a government department, that department;

and, if any question arises as to the authority which is the appropriate authority in relation to any Crown land, the question shall be determined by the Treasury.

Refuse collection and disposal

Collection and disposal of household and trade waste

124

Interference with dustbins etc.

125

Repeal of sections 124 and 125, savings and transitional provisions

126

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

• (2) The repeal by the Local Government (Scotland) Act 1973 or by order made under section 135(1) or 137(3) of this Act of section 108 of the Burgh Police (Scotland) Act 1892 shall not affect a compulsory purchase order made under the said section 108 before the coming into force of that repeal and such compulsory purchase order may be proceeded with and shall have effect as if the said section 108 had not been repealed.

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

Miscellaneous

Advertising on local authority lands, vehicles etc.

127

• (1) A local authority may enter into agreement with any person for the display of advertisements on or in—

• (a) any land, premises or structure vested in or maintained by the authority;

• (b) any vehicle owned or operated by the authority.

• (2) This section is without prejudice to section 61 of the Town and Country Planning (Scotland) Act 1972 (control of advertisements) or to any regulation made under that Act by virtue of that section.

Control of stray dogs

128

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

• (2) For the purpose of extending the powers under section 3 of the Dogs Act 1906 of seizure and detention of stray dogs to those found on land or premises other than in roads or places of public resort, the said section 3 shall be amended as follows—

• (a) in subsection (1), after the word “resort”, there shall be inserted the words “or on any other land or premises”;

• (b) after the said subsection (1) there shall be inserted the following subsection—

(1A) The powers under subsection (1) above shall not be exercised in relation to any dog found on any land or premises other than a highway or place of public resort unless the owner of the land or premises or person having the right of possession thereof has consented to such exercise.

.

• (3) Any enactment in any local Act which amends section 3 of the said Act of 1906 or confers powers on a district or islands council in relation to the said section 3 as it applies to the area of the council shall cease to have effect.

Killing of or injury to dogs worrying livestock

129

• (1) In any civil proceedings in respect of the death of or injury to a dog it shall be a defence to prove—

• (a) that the person alleged to have killed or injured the dog acted for the protection of any livestock and was a person entitled to act for the protection of that livestock; and

• (b) that within forty-eight hours of the killing or injury notice thereof was given by him or on his behalf at a police station or to a constable.

• (2) For the purposes of this section a person is entitled to act for the protection of any livestock if, and only if—

• (a) the livestock or the land on which it is belongs to him or to any person under whose express or implied authority he is acting; and

• (b) the circumstances are not such that the livestock was killed or injured on land on to which it had strayed and either the dog belonged to the occupier or its presence on the land was authorised by the occupier.

• (3) Subject to subsection (4) of this section, a person killing or causing injury to a dog shall be deemed for the purpose of this section to act for the protection of any livestock if, and only if, either—

• (a) the dog is worrying or is about to worry the livestock and there are not other reasonable means of ending or preventing the worrying; or

• (b) the dog has been worrying livestock, has not left the vicinity and is not under the control of any person and there are no practicable means of ascertaining to whom it belongs.

• (4) For the purposes of this section the conditions stated in either of the paragraphs of the preceding subsection shall be deemed to have been satisfied if the person alleged to have killed or injured the dog believed that the condition was satisfied and had reasonable ground for that belief.

• (5) For the purposes of this section—

• (a) an animal belongs to any person if he owns it or has it in his charge;

• (b) land belongs to any person if he is the occupier thereof;

• (c) “livestock” means cattle, horses, asses, mules, hinnies, sheep, pigs, goats and poultry, deer not in the wild state and while in captivity, pheasants, partridges and grouse; and

• (d) “poultry” means the domestic varieties of the following that is to say, fowls, turkeys, geese, ducks, guinea-fowls, pigeons and quails.

General

Offences by bodies corporate

130

• (1) Where an offence under this Act or any regulation or byelaw made under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) above applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Application to Crown

131

The provisions of Parts VI and VIIA and sections 120 to 123 of this Act apply to the Crown as provided in those provisions but otherwise this Act shall not bind the Crown.

Expenses

132

There shall be defrayed out of moneys provided by Parliament any increase attributable to the provisions of this Act in the sums payable out of moneys so provided under any other enactment.

Interpretation

133

In this Act, except where the context otherwise requires—

• “enforcing authority” has the meaning given by section 61(9) of the Fire (Scotland) Act 2005 (asp 5)

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

• “proper officer” shall be construed in accordance with section 235(3) of the Local Government (Scotland) Act 1973;

• “public place” means any place (whether a thoroughfare or not) to which the public have unrestricted access and includes—

• (a) the doorways or entrances of premises abutting on any such place; and

• (b) any common passage, close, court, stair, garden or yard pertinent to any tenement or group of separately owned houses; and

• “public road”, “road” and “roads authority” have the same meanings as in the Roads (Scotland) Act 1984;

• “vessel” means any kind of water-craft including a hovercraft within the meaning of the Hovercraft Act 1968 but not including a vessel in Her Majesty’s service.

Postponement of repeal of Burgh Police (Scotland) Acts and local statutory provisions

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• (1) The repeal of—

• (a) the Burgh Police (Scotland) Acts 1892 to 1911; and

• (b) the local statutory provisions to which subsection (6) of section 225 of the Local Government (Scotland) Act 1973 applies,

which by virtue, respectively, of