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(1)This section applies where—
(a)a local authority; or
(b)any other person,
has functions under any other enactment in relation to premises or things which are infected, infested or contaminated.
(2)A function to which subsection (1) applies is an “existing function”.
(3)A local authority may not exercise any function conferred on it by virtue of this Part if and to the extent that—
(a)the authority or any other person is exercising an existing function; or
(b)the authority is aware that another person is likely imminently to exercise an existing function,
in relation to the infected, infested or contaminated premises or thing.
(4)Subsection (3) does not affect the functions conferred on a local authority by virtue of section 72(1).
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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
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