- Latest available (Revised)
- Original (As enacted)
Public Health etc. (Scotland) Act 2008, Section 113 is up to date with all changes known to be in force on or before 26 September 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
(1)The 1990 Act is further amended as follows.
(2)In section 80 (summary proceedings for statutory nuisances), after subsection (4), insert—
“(4A)Where a local authority have reason to believe that a person has committed an offence under subsection (4) above, the local authority may give that person a notice (a “fixed penalty notice”) in accordance with section 80ZA offering the person the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.”.
(3)After that section, insert—
(1)This section applies to a fixed penalty notice given under section 80(4A).
(2)A fixed penalty notice must give reasonable particulars of the circumstances alleged to constitute the offence.
(3)A fixed penalty notice must also state—
(a)the amount of the fixed penalty;
(b)the period within which it may be paid;
(i)person to whom; and
(ii)address at which,
payment may be made;
(d)the method or methods by which payment may be made;
(e)the consequences of not making a payment within the period for payment.
(4)The amount of the fixed penalty under section 80(4A) is—
(a)in the case of a nuisance relating to industrial, trade or business premises, £400;
(b)in any other case, £150.
(5)The period for payment of the fixed penalty is 14 days beginning with the day after the day on which the notice is given.
(6)The local authority may extend the period for paying the fixed penalty in any particular case if they consider it appropriate to do so by sending notice to the person to whom the fixed penalty notice was given.
(7)No proceedings for an offence under section 80(4) may be commenced before the end of the period for payment of the fixed penalty.
(8)In proceedings for an offence under section 80(4), a certificate which—
(a)purports to be signed by or on behalf of a person having responsibility for the financial affairs of the local authority; and
(b)states that payment of the amount specified in the fixed penalty notice was or was not received by the expiry of the period within which that fixed penalty may be paid,
is sufficient evidence of the facts stated.
(9)Where proceedings for an offence in respect of which a fixed penalty notice has been given are commenced, the notice is to be treated as withdrawn.
(10)Any sum received by a local authority under section 80(4A) accrues to that authority.
(11)The Scottish Ministers may, by regulations—
(a)provide that fixed penalty notices may not be given in such circumstances as may be prescribed;
(b)provide for the form of a fixed penalty notice;
(c)provide for the method or methods by which fixed penalties may be paid;
(d)modify subsection (4)(a) or (b) above so as to substitute a different amount (not exceeding level 2 on the standard scale) for the amount for the time being specified there;
(e)provide for the amount of the fixed penalty to be different in different cases or descriptions of case;
(f)modify subsection (5) above so as to substitute a different period for the period for the time being specified there;
(g)provide for the keeping of accounts, and the preparation and publication of statements of account relating to fixed penalties under section 80(4A).
(12)Before making regulations under subsection (11) above, the Scottish Ministers must consult, in so far as it is reasonably practicable to do so, the persons mentioned in subsection (13) below.
(13)Those persons are—
(a)such associations of local authorities; and
(b)such other persons,
as the Scottish Ministers consider appropriate.”.
(4)In section 81 (supplementary provisions), for subsection (3), substitute—
“(3)Where an abatement notice has not been complied with, the local authority may, whether or not—
(a)proceedings have been taken for an offence under section 80(4); or
(b)a fixed penalty notice has been given under section 80(4A) in respect of that offence (regardless of whether the fixed penalty notice is accepted),
abate the nuisance and do whatever may be necessary in execution of the abatement notice.”.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: