Part 4

Closure of premises

General

Offences
37
1
If without reasonable excuse a person remains on or enters premises—
a
in contravention of a closure notice; or
b
in respect of which a closure order has effect,
the person shall be guilty of an offence.
2
If a person obstructs an authorised person acting in pursuance of section 31(1) the person shall be guilty of an offence.
3
In subsection (2), “authorised person” has the meaning given by section 31(4).
4
A person guilty of an offence under subsection (1) or (2) shall be liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding the prescribed sum within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995 (c. 46) or to both.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Offences under section 37: arrest without warrant
38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance in relation to closure of premises
39
A person (other than a court) shall, in discharging functions by virtue of this Part, have regard to any guidance given by the Scottish Ministers about—
a
the discharge of those functions; or
b
matters arising in connection with the discharge of those functions.
Words in s. 37(4) substituted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 44(3)(a), 84; S.S.I. 2007/479, art. 3(1), Sch. (with arts. 4-14) (as amended by S.S.I. 2007/527, art. 2)
S. 37(5) repealed (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 44(3)(b), 84; S.S.I. 2007/479, art. 3(1), Sch. (with arts. 4-14) (as amended by S.S.I. 2007/527, art. 2)
S. 38 repealed (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 18(c); S.S.I. 2017/345, art. 3, sch.