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Petroleum (Consolidation) Act 1928

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This is the original version (as it was originally enacted).

24Application to Scotland

This Act shall apply to Scotland subject to the following modifications:—

(1)the following paragraphs shall be substituted for paragraphs (a), (b) and (c) of subsection (1) of section two of this Act—

(a)in a burgh the town council;

(b)in a county the county council;

(2)the expression " borough " shall mean " burgh," and any expenses incurred by a county or town council under section eleven of this Act shall be defrayed out of such rate leviable by the council and payable by owners and occupiers in equal proportions as the council may determine;

(3)the expression " a Master of the Supreme Court" means the Auditor of the Court of Session; the expression " attending before a court of record " means attending on citation in the High Court of Justiciary; the expression " stipendiary magistrate " means the sheriff ; and the expression "information " means complaint;

(4)any offence may be prosecuted in a court of summary jurisdiction or on indictment and any penalty shall be recoverable on conviction by a court of summary jurisdiction or on indictment, provided that no court of summary jurisdiction shall, except in the case of an offence which involves a fine for every day on which the offence occurs or continues, have power to impose a penalty exceeding fifty pounds and no court of summary jurisdiction other than the sheriff court shall have power to impose a penalty exceeding twenty pounds;

(5)the expression " court of summary jurisdiction " in section fourteen of this Act means the sheriff, and elsewhere has the like meaning as in the Summary Jurisdiction (Scotland) Acts;

(6)any petroleum, petroleum-spirit, or other substance or thing ordered by a court to be forfeited may be sold or otherwise disposed of in such manner as the court shall direct;

(7)any penalty recovered and the proceeds of any forfeiture sold shall be paid to the King's and Lord Treasurer's Remembrancer where the court is the sheriff court, to the county clerk where the court is the justice of the peace court, and to the treasurer of the burgh where the court is the burgh or police court.

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