Part VIII

Buildings, etc.

Cleaning and painting of common stairs, etc.
92
1
In this section—
- “common property” means common stairs, passages, water-closets, backgreens or basements or other similar areas or private courts;
- “occupier”, in relation to common property, means the occupier or occupiers of lands or premises having a right of access by, or a right in common to, the common property.
2
It shall be the duty of the occupier to keep the common property clean to the satisfaction of the local authoritywithin whose area the common property is situated.
3
A local authority may make byelaws for the regulation of the cleaning of common property by the occupier in accordance with this section and such byelaws may provide that persons contravening such provisions of the byelaws as may be specified as provisions contravention of which is an offence shall be liable, on summary conviction, to a fine not exceeding level 2 on the standard scale or such lesser sum as the byelaws may specify.
4
A local authority may by notice in writing require the occupier to comply with subsection (2) above or with byelaws made under subsection (3) above within such reasonable time as may be specified in the notice.
5
Sections 99(4) and 106 of this Act shall not apply to a notice served under subsection (4) above.
6
A local authority may by notice in writing require the owner or owners of lands or premises having a right of access by common stairs or passages to paint or otherwise suitably decorate the common stairs or passages within such reasonable time as may be specified in the notice.
7
A local authority may remove litter from a backgreen or private court.
8
An authorised officer of a local authorityshall be entitled at any reasonable time to enter common property for the purpose of—
a
determining whether subsection (2) above and any byelaws made under subsection (3) above are being complied with;
b
determining whether any common stairs or passages referred to in subsection (6) above require to be painted or otherwise suitably decorated.
and a person authorised to do so by such a authority shall be entitled at any reasonable time to enter such property and to do there anything which the authority may do under subsection (7) above.
9
A person who throws down, drops or otherwise deposits, and leaves, litter in any common property shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
Words in s. 92(2)-(4)(6)-(8) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 129(11); S.I. 1996/323, art. 4(1)(c)
Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
Act partly in force at Royal Assent see s. 137(2); Act wholly in force at 1. 1. 1985 see S.I. 1983/201 as amended by S.I. 1984/573 and 744.
Act (except s. 16 which applies to England and Wales) applies to Scotland only see s. 137(9).
Act excluded (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act (c. xix), ss. 1, 12(2), Sch. Pt. V