Explanatory Notes

Antisocial Behaviour etc. (Scotland) Act 2004

2004 asp 8

26 July 2004

Commentary on Sections

Part 6 – the Environment

Section 65 – Graffiti removal notices: exemptions from liability

181.Section 65 provides the local authority, its employees and persons authorised by the local authority (and their employees) under section 61 with exemption from legal liability to responsible persons. This is in cases where the liability would arise from actions or omissions in connection with the exercise of powers under section 60(3) or 61(2). Subsection (3) provides that this exemption from liability does not apply where the act or omission is shown to have been in bad faith or in respect of a liability arising out of a failure to exercise due care and attention.