Point in time view as at 07/10/2005.
Civic Government (Scotland) Act 1982, Section 95 is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)It shall be the duty of the owner of every open space which is—
(a)in a populous place; and
(b)set apart for use by the owners or occupiers of two or more separate properties,
to maintain the open space and any boundary walls or fences so as to prevent danger or nuisance to the public.
(2)A [F1local authority]may by notice in writing require the owner of an open space referred to in subsection (1) above to comply with that subsection within such reasonable time as may be specified in the notice.
(3)An owner of an open space referred to in subsection (1) above shall be entitled to recover from each person entitled to use the open space an equal proportion of—
(a)the expense incurred by the owner in complying with that subsection; and
(b)any amount paid by the owner to the [F1local authority]under section 99(4) of this Act.
Textual Amendments
F1Words in s. 95(2)(3)(b) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 129(13); S.I. 1996/323, art. 4(1)(c)
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