Civic Government (Scotland) Act 1982

98 Luminous tube signs. S

(1) The Secretary of State may make regulations for ensuring the safe operation of electrical luminous tube signs, and without prejudice to that generality such regulations may include provisions—

(a) requiring the provision of switches to cut off the supply of electricity to such signs to the satisfaction of the [F1 appropriate relevant authority] ;

(b) requiring the giving of notice to the [F1 appropriate relevant authority] by any person proposing to install such a sign;

(c) empowering the [F1 appropriate relevant authority] to serve a counter-notice prohibiting the use of such a sign if they are not satisfied that it is safe in the event of its being affected by fire or steps taken to put fire out;

(d) giving a right of appeal against a counter-notice to the sheriff by the person upon whom it has been served;

(e) making it an offence to fail without reasonable excuse to comply with any obligation imposed by the regulations which is specified in the regulations as an obligation breach of which is an offence and providing that any person guilty of such an offence shall be liable, on summary conviction, to a fine not exceeding [F2 level 3 on the standard scale] or such lesser sum as may be specified in the regulations.

[F3 (1A) Where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to premises where there is an electrical luminous tube sign, paragraphs (a), (b) and (c) of subsection (1) above apply as if references to the appropriate relevant authority were references to the enforcing authority.]

(2) In subsection (1) above—

• [F4 “appropriate relevant authority”, in relation to an electrical luminous tube sign, means the authority discharging in the area in which the sign is situated the functions of a relevant authority as defined in section 6 of the Fire (Scotland) Act 2005 (asp 5);]

• “electrical luminous tube sign” means—

(a) any luminous tube sign designed to work on a voltage [F5 of such description as may be specified in regulations made under subsection (1) above], or ancillary equipment so designed; and

(b) any transformer required to raise the voltage of the sign or equipment; and

F6 ...

(3) The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F1 Words in s. 98(1)(a)-(c) substituted (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) Order 2005 (S.S.I. 2005/383), art. 1, sch. 1 para. 7(2)(3)(c)

F2 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G

F3 S. 98(1A) inserted (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.S.I. 2006/475), art. 1, sch. 1 para. 11(4)

F4 Words in s. 98(2) inserted (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) Order 2005 (S.S.I. 2005/383), art. 1, sch. 1 para. 7(10)

F5 Words substituted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 81:2), s. 48

F6 Words in s. 98(2) repealed (2.8.2005) by The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) Order 2005 (S.S.I. 2005/383), art. 1, sch. 2