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(1)A person who, without reasonable excuse, fails to comply with a property factor enforcement order commits an offence.
(2)For the purposes of subsection (1), a person has reasonable excuse for failing to comply with a property factor enforcement order if––
(a)the person is unable to comply with the order because of a lack of necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights, or
(b)any action required by the order is likely to endanger any person.
(3)Subsection (2) does not affect the generality of the defence of reasonable excuse.
(4)A person cannot be guilty of an offence under subsection (1) unless the homeowner housing committee which made the property factor enforcement order in question have decided under section 23(1) that the property factor has failed to comply with it (but such a decision does not establish a presumption that the person has committed an offence under subsection (1)).
(5)A person who is guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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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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