- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/1996)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/10/2009
Point in time view as at 01/04/1996.
There are currently no known outstanding effects for the Public Health (Scotland) Act 1897, Cross Heading: General Nuisances.
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Textual Amendments
F1S. 16 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
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Any matter or thing removed by the local authority in pursuance of this Act may be sold by public roup, after not less than five days notice by printed handbills posted in the locality, except in cases where delay would be prejudicial to health, or in which the matter or thing is not of the value of two pounds or upwards, in which cases the sheriff . . . F12, or justice may, by writing under his hand, order the immediate removal, sale, or destruction of the matter or thing, and the proceeds of the sale shall be retained by the local authority, and applied pro tanto in payment of all expenses incurred under this Act with reference to such nuisance; and the surplus, if any, shall be paid, on demand, by the local authority, to the owner of such matter or thing; and the balance of such expenses shall be defrayed, if such proceeds are insufficient for that purpose, by the author of the nuisance or the owner of the premises.
Textual Amendments
F12Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 27
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F13S. 28 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
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If a person causes any drain, watercloset, earth-closet, privy, urinal, or ashpit to be a nuisance or injurious or dangerous to health, by wilfully destroying or damaging the same or any water-supply, apparatus, pipe, or work connected therewith, or by otherwise wilfully stopping up, or wilfully interfering with, or improperly using the same, or any such water-supply, apparatus, pipe, or work, he shall be liable to a penalty not exceeding [F15level 1 on the standard scale].
Textual Amendments
F15Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
The following provisions shall have effect with respect to any watercloset, earth-closet, privy, or similar convenience used in common by the occupiers of two or more separate dwelling-houses, or by other persons:—
(1)If any person injures or improperly fouls any such convenience, or anything used in connection therewith, he shall for each offence be liable to a penalty not exceeding [F16level 1 on the standard scale];
(2)If any such watercloset, earth-closet, privy, or similar convenience, or the approaches thereto, or the walls, floors, seats, or fittings thereof, is or are, in the opinion of the local authority . . . F17, in such a state as to be a nuisance or annoyance to any of the persons using, or entitled to use, the same for want of the proper cleansing thereof, such of the persons having the use thereof in common as may be in default, or in the absence of proof satisfactory to the court as to which of the persons having the use thereof in common is in default, each of those persons shall be liable to a penalty not exceeding [F18level 1 on the standard scale] and to a penalty not exceeding [F1925p] for every day during which the offence continues after a conviction for the offence.
Textual Amendments
F16Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F17Words repealed by National Health Service (Scotland) Act 1972 (c. 58), Sch. 7 Pt. II and Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F18Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F19Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)
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