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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.
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Text created by the Scottish Government 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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