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Antisocial Behaviour etc. (Scotland) Act 2004

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This is the original version (as it was originally enacted).

27Service etc.

This section has no associated Explanatory Notes

(1)This section applies where the service of a closure notice in respect of premises is authorised under section 26(1).

(2)The closure notice shall be served by a constable who shall do so by—

(a)fixing a copy of the notice to—

(i)at least one prominent place on the premises;

(ii)each normal means of access to the premises; and

(iii)any outbuildings that appear to the constable to be used with or as part of the premises; and

(b)giving a copy of the notice to—

(i)each person identified in pursuance of section 26(3)(b)(ii); and

(ii)every other person appearing to the constable to be a person of a description mentioned in that subsection.

(3)If after having made reasonable enquiries at the time of serving the closure notice under subsection (2) the constable believes that the access of any person who occupies—

(a)any other part of the building; or

(b)any other structure,

in which the premises are situated would be impeded by the making of an order under section 30, the constable shall give a copy of the notice to that person.

(4)Failure to comply with subsection (2)(b) or (3) shall not affect the validity of the closure notice.

(5)The closure notice shall—

(a)specify the premises to which it relates;

(b)state that access to the premises by any person other than—

(i)a person who habitually resides in the premises; or

(ii)the owner of the premises,

is prohibited;

(c)state that failure to comply with the notice amounts to an offence;

(d)state that an application is to be made under section 28 for the closure of the premises;

(e)specify such matters about that application as may be prescribed in rules of court;

(f)explain the effects of an order made under section 30; and

(g)give information about the names of, and means of contacting, persons who and organisations which provide advice about housing and legal matters in the locality of the premises.

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