Antisocial Behaviour etc. (Scotland) Act 2004

57 Directions in respect of duty under section 89 of 1990 Act S

(1) Sections 89, 91 and 92 of the 1990 Act shall be amended as follows.

(2) In section 89 (duties to keep land etc. free of litter), after subsection (6) there shall be inserted—

“(6A) The Scottish Ministers may give to any person subject to a duty imposed by subsection (1) or (2) above such directions as they consider necessary or expedient for securing compliance by such person with such duty.

(6B) A person to whom a direction is given under subsection (6A) shall comply with the direction.

(6C) A direction under subsection (6A) may—

(a) be given generally or to a specific person;

(b) make different provision for different persons and different cases or circumstances;

(c) include provision specifying, in relation to any factor by reference to which a person’s discharging of any such duty can be measured, standards to be met by the person.

(6D) The Scottish Ministers shall—

(a) cause—

(i) any direction under subsection (6A) above; and

(ii) any variation or revocation of such a direction,

to be published; and

(b) cause copies of each such direction, variation or revocation to be made available to the public.”.

(3) In section 91 (litter abatement orders: applications by aggrieved persons), in subsection (11)—

(a) after “A”, where it first occurs, there shall be inserted—

“(a) direction under section 89(6A); or”;

(b) the words “code of practice under section 89(7)” shall become paragraph (b); and

(c) after “a”, where it secondly occurs, there shall be inserted “ direction or ”.

(4) In section 92 (litter abatement notices: litter authorities), in subsection (8)—

(a) after “A”, where it first occurs, there shall be inserted—

“(a) direction under section 89(6A); or”;

(b) the words “code of practice under section 89(7)” shall become paragraph (b); and

(c) after “a”, where it secondly occurs, there shall be inserted “ direction or ”.