(1)An islands or district council may establish and hold a market, may provide market buildings and may—
(a)provide in any such market or market buildings—
(i)stalls or stands;
(ii)warehouses, offices, shops or stores; and
(iii)premises for supplying food and refreshments (including alcoholic liquor);
(b)impose—
(i)such conditions for the use of the market or market buildings by stallholders or other persons as the council consider appropriate; and
(ii)such charges in relation to such use or for entrance to the market or market buildings as will be sufficient to meet the expenses of the authority in carrying out their functions under this section;
(c)make byelaws regulating the market, the activities of persons selling goods therein and the behaviour of the public while therein; and
(d)do such other things as they consider expedient for the purposes of the market.
(2)Byelaws made under subsection (1)(c) above may provide that a person contravening certain provisions of the byelaws commits an offence and is liable, on summary conviction, to a fine not exceeding [F1level 2 on the standard scale].
(3)An islands or district council may—
(a)discontinue the whole, or any part, of a market established under subsection (1) above by them; and
(b)grant exemption from a condition imposed under subsection (1)(b)(i) above, charge imposed under subsection (1)(b)(ii) above or byelaw made under subsection (1)(c) above.
(4)Without prejudice to section 83(3A) of the M11973 Act, nothing in the foregoing provisions of this section affects any existing right of a local authority to establish or regulate a market or to fix a market place.
(5)In the foregoing provisions of this section the expression “market” shall be construed generally and not as limited to a place where a market is held by virtue of a grant from the Crown or of prescription or under statutory authority.
Textual Amendments
F1Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
Marginal Citations