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Antisocial Behaviour etc. (Scotland) Act 2004, Section 61 is up to date with all changes known to be in force on or before 01 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)Subsection (2) applies where a person on whom a graffiti removal notice is served (the “responsible person”) does not comply with it.
(2)The local authority that served the notice or a person authorised by it may—
(a)remove, clear or otherwise remedy the defacement; and
(b)in so far as is reasonably necessary for that purpose, enter any land.
(3)Where subsection (4) applies, a local authority may recover from the responsible person expenditure reasonably incurred by virtue of subsection (2).
(4)This subsection applies where the local authority has served on the responsible person a notice setting out—
(a)the amount of; and
(b)details of,
the expenditure which it proposes to recover.
(5)Subsections (2) to (5) of section 160 of the 1990 Act shall apply in relation to the service of a notice mentioned in subsection (4) as they apply to notices required or authorised to be served under that Act.
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