SCHEDULES

SCHEDULE 17 Statutory nuisances: Scotland

Amendments of the Environmental Protection Act 1990

6

In section 82 (proceedings by persons aggrieved)—

(a)

in subsection (1) after the word “complaint” there shall be inserted the words “ or, in Scotland, the sheriff may act under this section on a summary application, ”;

(b)

in subsection (2)—

(i)

after the words “magistrate’s court” there shall be inserted the words “ or, in Scotland, the sheriff ”;

(ii)

after the word “street” there shall be inserted the words “ or, in Scotland, road ”;

(iii)

after the words “the court” there shall be inserted the words “ or the sheriff ”;

(iv)

in paragraph (a) after the word “defendant” there shall be inserted the words “ or, in Scotland, defender ”;

(v)

in paragraph (b) after the word “defendant” there shall be inserted the words “ or defender ”;

(vi)

after the word “and” where it third occurs there shall be inserted the words “ , in England and Wales, ”;

(c)

in subsection (3), after the words “magistrate’s court” there shall be inserted the words “ or the sheriff ” and after the words “of the court” in both places where they occur there shall be inserted the words “ or of the sheriff ”;

(d)

in subsection (11), after the words “magistrate’s court” there shall be inserted the words “ or the sheriff ”;

(e)

in subsection (12) after the word “complaint” there shall be inserted the words “ or summary application ”, after the words “the court” in both places where they occur there shall be inserted the words “ or the sheriff ” and for the words “defendant (or defendants” there shall be substituted the words “ defendant or defender (or defendants or defenders ”;

(f)

in subsection (13), after the words “ magistrate’s court ” there shall be inserted the words “or to the sheriff” and after the words “ the court ” in both place where they occur there shall be inserted the words “or the sheriff”.