Part 2Powers to assess and address danger

Chapter 1Scottish Ministers’ powers

Powers to address danger

10Offence of occupying evacuated premises

(1)

A person commits an offence if the person occupies premises when forbidden to do so.

(2)

A person is forbidden to occupy premises during the period that—

(a)

begins with the person’s—

(i)

removing from the premises in accordance with a requirement imposed under section 9, or

(ii)

being ejected from the premises by virtue of a warrant granted under paragraph 3 of the schedule, and

(b)

ends with the first day on which notice is displayed in accordance with section 9(4)(a) that the Scottish Ministers have become satisfied that no-one would be endangered by occupying the premises.

(3)

A person who commits an offence under subsection (1) is liable on summary conviction to—

(a)

a fine not exceeding level 5 on the standard scale,

(b)

a term of imprisonment not exceeding 3 months, or

(c)

both.