Civic Government (Scotland) Act 1982

90 Lighting of common stairs etc. S

(1) In this section—

• “common property” means common stairs or passages or private courts;

• “owner”, in relation to common property, means the owner or owners of lands or premises having a right of access by the common property;

• “private court” means any area which—

(a) is maintained or liable to be maintained by a person other than a local authority; and

(b) forms a common access to lands or premises separately occupied.

(2) A [F1 local authority] may—

(a) provide and maintain lighting in common property; and

(b) light and extinguish the lights in the common property or arrange for that to be done.

(3) A [F1 local authority]may continue to provide and maintain lighting in any place where they provided and maintained it immediately before the commencement of subsection (2) above notwithstanding that the place is not common property.

(4) Where, and to the extent that, the [F1 local authority]for the area in which any common property is situated has not exercised the powers conferred upon them by subsection (2) above, it shall be the duty of the owner—

(a) to provide and maintain lighting in the common property to the satisfaction of the [F1 local authority]; and

(b) to light and extinguish the lights in the common property at such times as the [F1 local authority]may require by order published in accordance with subsection (6) below.

(5) A [F1 local authority] may by notice in writing require the owner to comply with subsection (4)(a) above within 14 days of the date of service of the notice on the owner.

(6) An order made under subsection (4)(b) above shall be published once weekly for at least two weeks in a newspaper circulating in the area of the [local authority].

(7) In the event of the owner’s failing to comply with subsection (4) above, the [F1 local authority] may provide and maintain lighting or, as the case may be, light and extinguish the lights in the common property.

(8) An authorised officer of the [F1 local authority] shall be entitled at any reasonable time to enter common property for the purpose of determining whether subsection (4) above is being complied with and a person authorised to do so by such a [F1 authority]shall be entitled at any reasonable time to enter such property and to do there anything which the [F1 local authority] are entitled to do under subsection (2), (3) or (7) above.

[F2 (9) A [F1 local authority] who have, under subsection (2), (3) or (7) above, provided or maintained lighting or lit or extinguished lights shall be entitled to recover—

(a) from the owner of the lands or premises the expense incurred by the [F1 authority]; or

(b) where there is more than one owner of the lands or premises, that is, where the lands or premises are common property, from each owner such proportion of the expense thereby incurred by the council as the council may determine,

but the authority may remit any sum or part of any sum due to them under this subsection.]

Textual Amendments

F1 Words in s. 90(2)-(9) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 129(9); S.I. 1996/323, art. 4(1)(c)

F2 S. 90(9) substituted by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2, 103:2), s. 6, Sch. 1 Pt. III para. 39