Antisocial Behaviour etc. (Scotland) Act 2004, Section 35 is up to date with all changes known to be in force on or before 08 March 2025. 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.
(1)The sheriff may, on the application of [F1the Scottish Police Authority] or a local authority, make such order as the sheriff considers appropriate for the reimbursement by a relevant person of relevant expenditure.
(2)An application under this section may not be made after the expiry of the period of 3 months beginning with the day on which the closure order ceases to have effect.
(3)An application under this section shall be served—
(a)where the application is made—
(i)by a local authority, on the [F2Scottish Police Authority;]
(ii)by [F3the Scottish Police Authority], on the local authority for the area in which the premises are situated; and
(b)on the relevant person.
(4)In this section—
“relevant person” means the owner of the premises in respect of which the order has (or had) effect; and
“relevant expenditure” means expenditure incurred by the applicant for the purpose of clearing, securing or maintaining the premises in respect of which the closure order has (or had) effect.
Textual Amendments
F1Words in s. 35(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 24(7)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F2Words in s. 35(3)(a)(i) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 24(7)(b)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F3Words in s. 35(3)(a)(ii) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 24(7)(b)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
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