Antisocial Behaviour etc. (Scotland) Act 2004

60Graffiti removal notice: content and serviceS

This section has no associated Explanatory Notes

(1)A graffiti removal notice shall explain the effects of sections 61, 63 and 64.

(2)Subject to subsection (3), subsections (2) to (5) of section 160 of the 1990 Act shall apply in relation to the service of a graffiti removal notice as they apply to any notice required or authorised to be served under that Act.

(3)Where, after reasonable enquiry, a local authority is unable to ascertain the name or proper address of any person upon whom a graffiti removal notice may be served, it may—

(a)affix the notice to the surface to which it relates; and

(b)in so far as is reasonably necessary for that purpose, enter any land.

(4)In subsection (3), “proper address” shall be read in accordance with section 160(4) and (5) of the 1990 Act.

(5)Where a graffiti removal notice is affixed in accordance with subsection (3), it shall be treated as having been served on a person on whom it may be served.