Civic Government (Scotland) Act 1982

1. Introductory Text

2. Part I Licensing—General Provisions

   1. 1. Application of Parts I and II of this Act.

   2. 2. Licensing authorities.

   3. 3. Discharge of functions of licensing authorities.

   4. 3A. Mandatory licence conditions

   5. 3B. Standard licence conditions

   6. 4. Further provisions as to licensing.

   7. 5. Rights of entry and inspection.

   8. 6. Powers of entry to and search of unlicensed premises.

   9. 7. Offences, etc.

   10. 8. Interpretation of Parts I and II.

3. Part II Licensing and Regulation—Particular Activities

   1. 9. Application of sections 10 to 27 and 38 to 44.

   2. Licensing and regulation of taxis and private hire cars

      1. 10. Taxi and private hire car licences.

      2. 11. Inspection and testing of vehicles.

      3. 12. Fees for taxi and private hire car licences.

      4. 13. Taxi and private hire car driving licences.

      5. 13A. Persons disqualified by reason of immigration status

      6. 14. Signs on vehicles other than taxis.

      7. 15. Operation of taxis outside licensing areas.

      8. 16. Journeys in England and Wales by vehicles and drivers licensed under this Act.

      9. 17. Taxi fares.

      10. 18. Appeals in respect of taxi fares.

      11. 18A. Publication and coming into effect of taxi fares

      12. 19. Taxi stances.

      13. 20. Regulations relating to taxis and private hire cars and their drivers.

      14. 21. Offences.

      15. 22. Exemptions

      16. 23. Interpretation of sections 10 to 22.

   3. Licensing and regulation of second-hand dealers

      1. 24. Second-hand dealers’ licences.

      2. 25. Disposal of stock-in-trade.

      3. 26. Sellers of second-hand goods: offences etc.

      4. 27. Functions of the court in relation to second-hand dealers convicted of offences.

   4. Licensing and regulation of knife dealers

      1. 27A. Knife dealers' licences

      2. 27B. Applications for knife dealers' licences: notice

      3. 27C. Knife dealers' licences: conditions

      4. 27D. Provision of information to holder of knife dealer's licence

      5. 27E. Knife dealers' licences: warrants to enter, search and seize articles

      6. 27F. Powers of constables and authorised officers

      7. 27G. Power to inspect documents

      8. 27H. Sections 27E to 27G: interpretation

      9. 27J. Forfeiture orders

      10. 27K. Effect of forfeiture order

      11. 27L. Offences by partnerships

      12. 27M. Appropriate licence required

      13. 27N. Remote sales of knives etc.

      14. 27P. Sales and dispatches in different local authority areas

      15. 27Q. Duty to avoid conflict between conditions of licences

      16. 27R. Offences in relation to knife dealers' licences: exceptions

      17. 27S. Orders under sections 27A to 27R

   5. Licensing and regulation of metal dealers

      1. 28. Metal dealers: licensing and regulation.

      2. 29. Metal dealers’ exemption warrants.

      3. 30. Keeping of records.

      4. 31. Retention of metal.

      5. 32. Itinerant metal dealers.

      6. 33. Receipts and invoices: itinerant metal dealers.

      7. 33A. Acceptable forms of payment for metal

      8. 33B. Acceptable forms of payment: meaning of “bank or building society account”

      9. 33C. Requirement to keep records

      10. 33D. Form of records

      11. 33E. Metal dealer to keep records for each place of business

      12. 34. Offences relating to metal dealing.

      13. 35. Functions of the court in relation to metal dealers convicted of offences.

      14. 35A. Register of metal dealers and itinerant metal dealers

      15. 36. Appropriate licence required.

      16. 37. Interpretation of sections 28 to 36.

      17. 37A. Exemptions

   6. Miscellaneous licences

      1. 38. Boat hire licences.

      2. 39. Street traders’ licences.

      3. 40. Market operators’ licences.

      4. 41. Public entertainment licences.

      5. 41A. Indoor sports entertainment licences.

      6. 42. Late hours catering licences.

      7. 43. Window cleaners’ licences.

      8. 44. Additional activities.

4. Part III Control of sex shops and sexual entertainment venues

   1. 45. Control of sex shops.

   2. 45A. Licensing of sexual entertainment venues: interpretation

   3. 45B. Licensing of sexual entertainment venues

   4. 45C. Statements of policy in relation to sexual entertainment venues

   5. 45D. Deemed grant of applications

   6. Conditions of licences granted under this Part

      1. 45E. Mandatory licence conditions

      2. 45F. Standard licence conditions

5. PART 3A CIVIC LICENSING STANDARDS OFFICERS

   1. 45G. Civic licensing standards officers

   2. 45H. General functions of a civic licensing standards officer

6. Part IV Offences, Powers of Constables, etc.

   1. Offences of annoying, offensive, obstructive or dangerous behaviour

      1. 46. Soliciting and importuning by prostitutes.

      2. 47. Urinating etc.

      3. 48. Dogs: fouling of pavements.

      4. 49. Dangerous and annoying creatures.

      5. 50. Drunkenness.

      6. 51. Obscene material.

      7. 51A. Extreme pornography

      8. 51B. Extreme pornography: excluded images

      9. 51C. Extreme pornography: defences

      10. 52. Indecent photographs etc. of children.

      11. 52A. Possession of indecent photographs of children.

      12. 52B. Sections 52 and 52A: exceptions for photographs of 16 and 17 year olds

      13. 52C. Section 52B: proof of exceptions

      14. 53. Obstruction by pedestrians.

      15. 54. Playing instruments, singing, playing radios, etc.

      16. 55. Touting.

      17. 56. Fires.

   2. Preventive offences

      1. 57. Being in or on building etc. with intent to commit theft.

      2. 58. Convicted thief in possession.

   3. Powers of constables etc.

      1. 59. Powers of arrest and apprehension.

      2. 60. Powers of search and seizure.

      3. 61. Protection of insecure premises.

7. Part V Public Processions

   1. 62. Notification of processions.

   2. 63. Functions of regional and islands councils in relation to processions.

   3. 64. Appeals against orders under section 63.

   4. 65. Offences and enforcement.

   5. 65A. Guidance to local authorities

   6. 66. Relationship of sections 62 to 65 with Public Order Act 1986.

8. Part VI Lost and Abandoned Property

   1. 67. Duty of finder.

   2. 68. Functions of chief constable.

   3. 69. Claims by owner etc. prior to disposal.

   4. 70. Powers of chief constable regarding rewards.

   5. 71. Right arising on disposal of property.

   6. 72. Rights to compensation.

   7. 73. No right of ownership conferred by finding.

   8. 74. Living creatures.

   9. 75. Stray dogs.

   10. 76. Appeal to sheriff.

   11. 77. Financial provisions.

   12. 78. Crown application of Part VI.

   13. 79. Interpretation of Part VI.

9. Part VII Property in Possession of Persons Taken into Police Custody

   1. 80. Application of Part VII to property.

   2. 81. Chief constable to take charge of property.

   3. 82. Provision as to property where the person in custody is the owner etc.

   4. 83. Provision as to property where the person in custody is not the owner etc.

   5. 84. Appeal to sheriff.

   6. 85. Financial provisions: property of persons in custody.

   7. 86. Interpretation and Crown application of this Part.

10. Part VIIA Property In Unlawful Possession of Persons Taken Into Police Custody and Certain Other Property to which Part VII does not apply

    1. 86A. Application of Part VIIA to property.

    2. 86B. Certification by prosecutor.

    3. 86C. Claims by owner etc. prior to disposal.

    4. 86D. Duty of care etc.

    5. 86E. Disposal of relevant property.

    6. 86F. Retention of relevant property by Scottish Police Authority

    7. 86G. Appeals.

    8. 86H. Crown application of Part VIIA.

    9. 86I. Further financial provision.

    10. 86J. References in this Part to “chief constable”.

11. Part VIII Buildings, etc.

    1. 87. Local authorities’ powers in relation to buildings in need of repair.

    2. 88. Installation of pipes through neighbouring property.

    3. 89. Safety of platforms etc.

    4. 90. Lighting of common stairs etc.

    5. 91. Installation of lights in private property.

    6. 92. Cleaning and painting of common stairs, etc.

    7. 93. Fire precautions in common stairs etc.

    8. 94. Disused petrol containers.

    9. 95. Private open spaces.

    10. 96. Statues and monuments.

    11. 97. Street names and house numbers.

    12. 98. Luminous tube signs.

    13. Powers of entry, execution of works, etc.

        1. 99. Power to enter, execute works and recover expense.

        2. 100. Interest on expenses.

        3. 101. Offences relating to powers of entry and carrying out of works.

        4. 102. Entry warrants.

        5. 103. Execution of owner’s works by occupier.

        6. 104. Powers of entry: occupier and owner.

        7. 105. Contents of notices.

        8. 106. Appeals.

        9. 107. Time for enforcing certain notices.

        10. 108. Recovery of expenses incurred under section 87 by charging order.

        11. 109. Replacement of provisions of this Part by Health and Safety Regulations.

12. Part IX Miscellaneous and General

    1. Byelaws

       1. 110.

       2. 111. Cessation of certain byelaws and saving for certain byelaws.

    2. Management rules

       1. 112. Making of management rules.

       2. 113. Evidence of management rules.

       3. 114. Publication of management rules.

       4. 115. Inspection and copies of management rules.

       5. 116. Expulsion or exclusion for breach of management rules.

       6. 117. Exclusion orders.

       7. 118. Offences.

    3. Regulation of charitable collections

       1. 119. Regulation of charitable collections.

    4. The seashore etc.

       1. 120. Savings for Crown and other rights.

       2. 121. Control of the seashore, adjacent waters and inland waters.

       3. 122. Power to execute works on seashore.

       4. 123. Interpretation of sections 120 to 122.

    5. Refuse collection and disposal

       1. 124. Collection and disposal of household and trade waste.

       2. 125. Interference with dustbins

       3. 126. Repeal of sections 124 and 125, savings and transitional provisions.

    6. Miscellaneous

       1. 127. Advertising on local authority lands, vehicles etc.

       2. 128. Control of stray dogs.

       3. 129. Killing of or injury to dogs worrying livestock.

    7. General

       1. 130. Offences by bodies corporate.

       2. 131. Application to Crown.

       3. 132. Expenses.

       4. 133. Interpretation.

       5. 134. Postponement of repeal of Burgh Police (Scotland) Acts and local statutory provisions.

       6. 135. Acceleration of repeal of certain provisions of the Burgh Police (Scotland) Acts and certain local statutory provisions.

       7. 136. Consequential, transitional and supplementary provisions.

       8. 137. Citation, commencement, repeals and extent.

13. SCHEDULES

    1. SCHEDULE 1

       Licensing—Further Provisions as to the General System

       1. Applications for the grant and renewal of licences

          1. 1. (1) An application to a licensing authority for the grant...

          2. 2. (1) A licensing authority shall, as soon as an application...

       2. Objections and representations

          1. 3. (1) Any objection or representation relating to an application for...

       3. Disposal of applications for the grant and renewal of licences

          1. 4. (1) In considering an application for the grant or renewal...

          2. 5. (1) Where an application for the grant or renewal of...

       4. Restriction on successive applications

          1. 6. Where a licensing authority have refused an application for the...

       5. Temporary licences

          1. 7. (1) A licensing authority may grant a licence to have...

       6. Duration of licences

          1. 8. (1) Subject to and in accordance with the provisions of...

       7. Taxi etc driving licences for persons subject to immigration control

          1. 8A. (1) Sub-paragraph (2) applies if— (a) a taxi driver's licence...

       8. Notification of changes and alterations

          1. 9. (1) Where there is a material change of circumstances affecting...

       9. Variation, suspension and revocation of licences

          1. 10. (1) A licensing authority may, at any time, whether or...

          2. 11. (1) A licensing authority may, whether upon a complaint made...

          3. 12. (1) A licensing authority shall, whether upon a complaint made...

       10. Supplementary

           1. 13. (1) A holder of a licence may at any time...

           2. 14. (1) A licensing authority shall cause to be kept a...

       11. Fees

           1. 15. (1) A licensing authority shall, subject to sub-paragraph (2) below—...

       12. Sending of notice by post

           1. 16. When a licensing authority sends by post, for the purposes...

       13. Electronic communications

           1. 16A. (1) A licensing authority may determine to accept—

       14. Notification of the decisions and giving of reasons

           1. 17. (1) A licensing authority shall, within 10 days of being...

       15. Appeals

           1. 18. (1) Subject to sub-paragraph (2) below, a person who may,...

       16. Power to make provision about hearings

           1. 18A. (1) The Scottish Ministers may by regulations make provision as...

       17. How hearings may be held

           1. 18B. (1) A licensing authority may determine that a hearing is...

       18. Interpretation

           1. 19. In this Schedule, “relevant objection or representation” means—

           2. 20. (1) In this Schedule “ immigration offence ” means an...

           3. 21. (1) In this Schedule– (a) “booking office licence” means a...

    2. SCHEDULE 2

       Control of Sex Shops

       1. Saving for existing law

          1. 1. Nothing in this Schedule— (a) shall afford a defence to...

       2. Meaning of “sex shop” and “sex article”

          1. 2. (1) In this Schedule “sex shop” means any premises, vehicle,...

       3. Miscellaneous definitions

          1. 3. In this Schedule— ... “ authorised civilian employee ” means...

       4. Requirement for licences for sex shops

          1. 4. Subject to the provision of this Schedule, no person shall...

       5. Waivers

          1. 5. (1) Any person who— (a) uses in any area any...

       6. Applications for the grant and renewal of licences

          1. 6. (1) An application for the grant or renewal of a...

       7. Notification of applications

          1. 7. (1) An applicant for the grant or renewal of a...

       8. Objections and representations

          1. 8. (1) The local authority shall, as soon as an application...

       9. Disposal of applications for licences

          1. 9. (1) Where an application for the grant or renewal of...

       10. Notification of decisions and reasons

           1. 10. (1) The local authority shall, in accordance with sub-paragraph (2)...

       11. Display of licences in sex shops

           1. 11. The holder of a licence under this Schedule shall keep...

       12. Duration of licences

           1. 12. (1) Subject to and in accordance with the provisions of...

       13. Revocation of licences

           1. 13. (1) The local authority may at any time revoke a...

       14. Notification of changes of circumstances

           1. 14. (1) Where there is a material change of circumstances affecting...

       15. Variation of licences

           1. 15. (1) A local authority may, at any time, whether or...

       16. Surrender of licence

           1. 16. (1) A holder of a licence may at any time...

       17. Register of Applications

           1. 17. (1) A local authority shall cause to be kept a...

       18. Fees

           1. 18. (1) A local authority shall, subject to sub-paragraph (2) below—...

       19. Enforcement

           1. 19. (1) A person who— (a) without reasonable excuse uses any...

       20. Rights of entry and inspection

           1. 20. (1) Without prejudice to any other provision of this Schedule...

       21. Powers of entry and search

           1. 21. (1) If a justice of the peace or sheriff is...

       22. Sending of notice by post

           1. 22. When a local authoritysends by post, for the purposes of...

       23. Electronic communications

           1. 22A. (1) A local authority may determine to accept—

       24. Notification of decisions and giving of reasons

           1. 23. (1) A local authority shall, within 10 days of being...

       25. Appeals

           1. 24. (1) Subject to sub-paragraph (2) below, a person who may,...

       26. Power to make provision about hearings

           1. 24A. (1) The Scottish Ministers may by regulations make provision as...

       27. How hearings may be held

           1. 24B. (1) A local authority may determine that a hearing is...

       28. Provisions relating to existing premises

           1. 25. (1) Without prejudice to any enactment other than this Schedule...

    3. Schedule 2A

       Retention and disposal of property seized under section 54(2A) of this Act

       1. Application

          1. 1. This schedule applies to property seized under section 54(2A) of...

       2. Retention

          1. 2. (1) Subject to sub-paragraph (2) below, property to which this...

       3. Arrangements for custody of property

          1. 3. (1) Subject to section 17(3)(a) of the Police and Fire...

       4. Disposal

          1. 4. Where the period of retention permitted by paragraph 2 above...

          2. 5. (1) Subject to sub-paragraphs (5) and (6) below, the owner...

          3. 6. (1) Where this sub-paragraph applies, the chief constable may—

       5. Appeals

          1. 7. (1) A claimant under sub-paragraph (2) of paragraph 5 above...

       6. Interpretation

          1. 8. In this Schedule— “ chief constable ” means the chief...

    4. SCHEDULE 3

       Minor and Consequential Amendments

       1. The Roads and Bridges (Scotland) Act 1878 (c. 51)

          1. 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

       2. The Firearms Act 1968 (c. 27)

          1. 2. In Schedule 2 to the Firearms Act 1968 (offences to...

       3. The Breeding of Dogs Act 1973 (c. 60)

          1. 3. In the Breeding of Dogs Act 1973—

          2. 4. . . . . . . . . . ....

       4. The Public Passenger Vehicles Act 1981 (c. 14)

          1. 5. In section 79 of the Public Passenger Vehicles Act 1981...

    5. Schedule 4

       Repeals