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Police, Public Order and Criminal Justice (Scotland) Act 2006

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This is the original version (as it was originally enacted).

Miscellaneous and general

67Service of documents

(1)A document required by this Chapter to be served on a person is served on the person if—

(a)given to the person; or

(b)sent to the person by registered post or a recorded delivery service.

(2)A certificate of posting of a letter sent under subsection (1)(b) issued by the postal operator concerned is sufficient evidence of the sending of the letter on the day specified in the certificate.

(3)In subsection (2), “postal operator” has the meaning given by section 125(1) of the Postal Services Act 2000 (c. 26).

68Offences under this Chapter

(1)A person who fails to comply with any requirement imposed on the person—

(a)by a football banning order;

(b)under section 61(1); or

(c)by a notice under section 61(4),

commits an offence.

(2)It is a defence for a person charged with an offence under subsection (1) to prove that the person had a reasonable excuse for failing to comply with the requirement.

(3)A person who commits an offence under subsection (1)(a) or (c) is liable on summary conviction to—

(a)imprisonment for a term not exceeding 6 months;

(b)a fine not exceeding level 5 on the standard scale; or

(c)both such imprisonment and such a fine.

(4)A person who commits an offence under subsection (1)(b) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(5)A person who, in connection with an application under section 64 to be exempted from a notice under section 61(4)—

(a)knowingly or recklessly makes a statement which is false or misleading in a material particular; or

(b)knowingly or recklessly produces, furnishes, signs or otherwise makes use of a document which is false or misleading in a material particular,

commits an offence.

(6)A person who commits an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

69Interpretation of Chapter 1

(1)In this Chapter—

  • “the football banning orders authority” means the chief constable of the police force maintained for the Strathclyde combined police area; and

  • “passport” means a United Kingdom passport within the meaning of the Immigration Act 1971 (c. 77).

(2)The Scottish Ministers may by order modify the definition of “the football banning orders authority” in subsection (1).

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