Civic Government (Scotland) Act 1982

112 Making of management rules. S

(1) A local authority may, in accordance with this section, make rules, to be known as “management rules”, to regulate—

(a) the use of; and

(b) the conduct of persons while on or in

any land or premises which is owned, occupied or managed by the authority or is otherwise under their control and to which the public have access, whether on payment or not.

In this section, “land” does not include land below the high water mark of ordinary spring tides.

(2) Management rules may be made notwithstanding any power under any enactment to make byelaws, whether exercised or not.

(3) Notwithstanding section 201(3) of the M1 Local Government (Scotland) Act 1973 (byelaws for good rule and government not to be made if provision is made by, or is or may be made under any other enactment) byelaws may be made under section 201(1) of that Act as respects any area although provision as respects that area is or may be made by any management rule.

(4) At least one month before making management rules, a local authority shall—

(a) give notice in accordance with subsection (5) below of—

(i) their intention to do so;

(ii) the general purpose of the proposed rules;

(iii) the place where a copy of the proposed rules may be inspected;

(iv) the fact that and time within which objections may be made; and

(v) the address to which objections may be sent; and

(b) make copies of the proposed rules available for public inspection without payment at their offices and so far as the authority consider practicable at the land or premises to which the rules are to apply.

(5) Notice shall be given for the purposes of subsection (4)(a) above by advertisement in a newspaper or newspapers circulating in the area of the local authority.

(6) Any person may, within one month after notice has first been given by a local authority under subsection (4) above, notify in writing his objection and the ground of his objection to the authority.

(7) Before making management rules, a local authority shall take into consideration any objections timeously received by them and shall give any objector an opportunity to be heard by them.

(8) Management rules shall come into force on the date of their execution or on such later date as may be specified in the rules and shall, unless revoked, continue in force for a period of 10 years from that date.

(9) Management rules shall be executed for the purposes of subsection (8) above by being sealed with the common seal of the local authority making them and signed by the proper officer of that authority.

Modifications etc. (not altering text)

C1 Ss. 112 - 118 applied (with modifications) (9. 5. 1991) by Tay Road Bridge Order Confirmation Act 1991 (c. iv), ss. 1,61, Sch. Pt. VII

Ss. 112-118 extended (with modifications) (8.9.2000) by 2000 asp 10, s. 9, Sch. 2 para. 10 (with s. 32); S.S.I. 2000/312, art. 2

Marginal Citations

M1 1973 c. 65.