- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)A person on any relevant premises who—
(a)behaves in a disorderly manner, and
(b)refuses or fails to leave the premises on being asked to do so by a responsible person or a constable,
commits an offence.
(2)A person on any relevant premises who, after the end of any period of licensed hours, refuses or fails to leave the premises on being asked to do so by a responsible person or a constable commits an offence.
(3)Where a person refuses or fails to leave any relevant premises as mentioned in subsection (1) or (2), an authorised person may—
(a)remove the person from the premises, and
(b)if necessary for that purpose, use reasonable force.
(4)A constable must, if—
(a)asked by an authorised person to assist in exercising a power conferred by subsection (3), and
(b)the constable reasonably suspects the person to be removed of having refused or failed to leave as mentioned in subsection (1) or (2),
provide the assistance asked for.
(5)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6)In this section, “authorised person” means, in relation to any relevant premises, any of the following persons, namely—
(a)a responsible person, and
(b)any other person who—
(i)works on the premises, and
(ii)is authorised by a responsible person for the purposes of this section.
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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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