Housing (Scotland) Act 1987

165 Penalty for failure to execute works. S

(1) A person on whom a notice has been served under section 160, 161 or 162 who wilfully fails to comply with the notice, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) in the case of a notice under section 160 or 161, level 3 on the standard scale;

(b) in the case of a notice under section 162, level 4 on the standard scale.

(2) The obligation to execute the works specified in the notice continues notwithstanding that the period for compliance has expired; and a person who wilfully fails to comply with that obligation, after being convicted of an offence in relation to the notice under subsection (1) or this subsection, commits a further summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

(3) References in this section to compliance with a notice and to the period for compliance shall be construed in accordance with section 164(2).

(4) No liability arises under subsection (1) if the local authority, on being notified under section 164(3) by the person on whom any such notice requiring the execution of works was served that he is not able to do the work in question, serve notice that they propose to do the work and relieve the person served with the notice from liability under subsection (1).

(5) Subsection (1) shall be without prejudice to the exercise by the local authority of their powers of carrying out works under section 164.