- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
11.—(1) A local authority designated officer or a constable may take such action as is necessary to enforce a direction under regulation 5(1), 6(1) or 7(1).
(2) A local authority designated officer may give a prohibition notice to a person if the officer reasonably believes that—
(a)the person is contravening a direction under regulation 5(1), 6(1) or 7(1), and
(b)it is necessary and proportionate to give the prohibition notice for the purpose of preventing that person from continuing to do so.
(3) Where a constable considers that an event is being held in contravention of a direction under regulation 6(1), the constable may—
(a)direct the event to stop,
(b)direct a person to leave the event, and
(c)remove a person from the event.
(4) Where a constable considers that a person is, without reasonable excuse, in a public outdoor place in contravention of regulation 8(3), the constable may—
(a)direct that person to leave the place, and
(b)remove that person from the place.
(5) A constable exercising the power in paragraph (3)(c) or (4)(b) to remove a person from an event or place may use reasonable force, if necessary, in exercise of the power.
(6) Where a child is at an event held in contravention of a direction under regulation 6(1), or is in a public outdoor place in contravention of regulation 8(3), and is accompanied by an individual who has responsibility for the child—
(a)a constable may direct that individual to remove the child from the event or place, and
(b)that individual must, so far as reasonably practicable, ensure that the child complies with any direction or instruction given by the constable to the child.
(7) A constable may exercise the power in paragraph (3), (4) or (6) only if the constable considers that it is a necessary and proportionate means of ensuring compliance with a direction under regulation 6(1) or with regulation 8(3), as the case may be.
(8) A constable exercising a power under paragraph (3), (4), or (6) may give the person concerned any reasonable instructions the constable considers to be necessary.
(9) For the purposes of this regulation—
(a)an individual has responsibility for a child if the individual—
(i)has custody or charge of the child for the time being, or
(ii)is the child’s parent.
(b)“local authority designated officer” means a person designated by a local authority for the purposes of this regulation.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: