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(1)It is the duty of a council to enforce within its area the provisions of Chapters 1 and 2 and regulations made under them.
(2)The Scottish Ministers may direct, in relation to a particular case or cases of a particular description, that any duty imposed on a council by subsection (1) is to be discharged by the Scottish Ministers and not by the council.
(3)Where a direction has effect under subsection (2), sections 27 to 31 apply, in relation to the particular case, or cases of the description, specified in the direction—
(a)as if references to a council officer were references to a person acting on behalf of the Scottish Ministers, and
(b)with references to a person’s area being read in accordance with any modifications specified in the direction.
(1)A council must, at least once in every period of 12 months, carry out a programme of enforcement action in its area.
(2)For the purposes of subsection (1), a programme of enforcement action is a programme involving one or both of the following—
(a)the investigation of complaints in respect of alleged offences under Chapter 1 or 2,
(b)the taking of other measures intended to reduce the incidence of offences under those Chapters.
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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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