Directions relating to individual premisesI15

1

Subject to regulation 3, a local authority may give a direction imposing prohibitions, requirements or restrictions in relation to the entry into, departure from, or location of persons in, specified premises in the local authority's area.

2

A direction under paragraph (1) may be given for the purposes of—

a

closing the premises,

b

restricting entry to the premises, or

c

securing restrictions in relation to the location of persons in the premises.

3

A local authority may not give a direction under paragraph (1) in relation to—

a

any premises consisting of vehicles, trains, vessels or aircraft used for public transport or the carriage or haulage of goods, or

b

a vessel not falling within paragraph (a), where the direction would be likely to have the effect of preventing a change-over of crew.

4

A direction under paragraph (1) may only have the effect of imposing a prohibition, requirement or restriction on—

a

the owner or any occupier of premises to which the direction relates,

b

any other person involved in managing entry into, or departure from, such premises or the location of persons in them.

5

A direction under paragraph (1) may impose a prohibition, requirement or restriction by reference to, among other things—

a

the number of persons in the premises,

b

the purpose for which a person is in the premises,

c

the facilities in the premises.

6

A direction under paragraph (1) must—

a

state the date and time on which the prohibition, requirement or restriction comes into effect, and the date and time on which it will cease to have effect, and

b

give details of the right of appeal to a sheriff and the time within which such an appeal may be brought.

7

The date and time mentioned in paragraph (6)(a) when the prohibition, requirement or restriction ceases to have effect must be no later than 21 days after it comes into effect.

8

Where a local authority gives a direction under paragraph (1) it must take reasonable steps to give advance notice of the direction to—

a

a person carrying on a business from the premises to which the direction relates, and

b

if different, any person who owns or occupies the premises.

9

A person in relation to whom a direction under paragraph (1) imposes a prohibition, requirement or restriction may appeal against the direction to a sheriff.

10

On an appeal against a direction under paragraph (1) in a case where the direction was made pursuant to a direction of the Scottish Ministers under regulation 4, an application is to be issued to both the Scottish Ministers and the local authority.