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Public Health etc. (Scotland) Act 2008

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Public Health etc. (Scotland) Act 2008, Section 75 is up to date with all changes known to be in force on or before 10 December 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. Help about Changes to Legislation

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75Failure to comply with noticeS

This section has no associated Explanatory Notes

(1)This section applies where—

(a)a local authority serves notice under section 73(3);

(b)the period mentioned in section 73(6)(b) expires; and

(c)the person on whom the notice is served fails to take the steps specified in the notice.

(2)An authorised officer may—

(a)enter the premises;

(b)on entering premises by virtue of paragraph (a), take any other person authorised by the officer and, if the officer has reasonable cause to expect any serious obstruction in obtaining access, a constable;

(c)direct that—

(i)those premises (or any part of them) are; or

(ii)any thing in or on them is,

to be left undisturbed (whether generally or in particular respects) for so long as the officer considers appropriate;

(d)take—

(i)any step specified in the notice; and

(ii)any other step mentioned in section 73(2) as that officer considers appropriate;

(e)remove any thing from the premises for the purpose of taking any such step at any other place.

(3)An authorised officer who enters any unoccupied premises by virtue of subsection (2)(a) must leave the premises as effectively secured against unauthorised entry as the officer found them.

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Commencement Information

I1S. 75 in force at 1.10.2009 by S.S.I. 2009/319, art. 2(a), Sch. 1

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