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Public Health etc. (Scotland) Act 2008

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This is the original version (as it was originally enacted).

104Power to require identification of operator

This section has no associated Explanatory Notes

(1)Where an authorised officer of a local authority has reason to believe that an operator of sunbed premises in the area of that local authority is committing or has committed an offence under section 95, 98, 100 or 101, the authorised officer may require any person on those premises to give the name and address of the operator.

(2)When making a requirement under subsection (1), the authorised officer must inform the person—

(a)that the officer has reason to believe that the operator is committing or has committed an offence under section 95, 98, 100 or 101; and

(b)that failure to comply with the requirement may be an offence.

(3)A person commits an offence if the person, without reasonable excuse, fails to comply with a requirement made under subsection (1).

(4)In proceedings for an offence under subsection (3), it is a defence for the person to prove that the person exercised all due diligence and took all reasonable steps to avoid committing the offence.

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