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Revised Statute from The UK Statute Law Database

Civic Government (Scotland) Act 1982 (c. 45)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following years: 2002, 2003, 2004, 2005, 2006, 2007, 2008 and 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Civic Government (Scotland) Act 1982

1982 CHAPTER 45

Contents

Go to Preamble

  1. Part I

    Licensing—General Provisions

    1. 1. Application of Parts I and II of this Act

    2. 2. Licensing authorities

    3. 3. Discharge of functions of licensing authorities

    4. 4. Further provisions as to licensing

    5. 5. Rights of entry and inspection

    6. 6. Powers of entry to and search of unlicensed premises

    7. 7. Offences, etc

    8. 8. Interpretation of Parts I and II

  2. Part II

    Licensing and Regulation—Particular Activities

    1. 9. Application of sections 10 to 27 and 38 to 44

    2. Licensing and regulation of taxis and private hire cars

      1. 10. Taxi and private hire car licences

      2. 11. Inspection and testing of vehicles

      3. 12. Fees for taxi and private hire car licences

      4. 13. Taxi and private hire car driving licences

      5. 14. Signs on vehicles other than taxis

      6. 15. Operation of taxis outside licensing areas

      7. 16. Journeys in England and Wales by vehicles and drivers licensed under this Act

      8. 17. Taxi fares

      9. 18. Appeals in respect of taxi fares

      10. 19. Taxi stances

      11. 20. Regulations relating to taxis and private hire cars and their drivers

      12. 21. Offences

      13. 22. Saving for certain vehicles etc

      14. 23. Interpretation of sections 10 to 22

    3. Licensing and regulation of second-hand dealers

      1. 24. Second-hand dealers’ licences

      2. 25. Disposal of stock-in-trade

      3. 26. Sellers of second-hand goods: offences etc

      4. 27. Functions of the court in relation to second-hand dealers convicted of offences

    4. Licensing and regulation of metal dealers

      1. 28. Metal dealers: licensing and regulation

      2. 29. Metal dealers’ exemption warrants

      3. 30. Keeping of records

      4. 31. Retention of metal

      5. 32. Itinerant metal dealers

      6. 33. Receipts and invoices: itinerant metal dealers

      7. 34. Offences relating to metal dealing

      8. 35. Functions of the court in relation to metal dealers convicted of offences

      9. 36. Appropriate licence required

      10. 37. Interpretation of sections 28 to 36

    5. Miscellaneous licences

      1. 38. Boat hire licences

      2. 39. Street traders’ licences

      3. 40. Market operators’ licences

      4. 41. Public entertainment licences

      5. 41A. Indoor sports entertainment licences

      6. 42. Late hours catering licences

      7. 43. Window cleaners’ licences

      8. 44. Additional activities

  3. Part III

    Control of Sex Shops

    1. 45. Control of sex shops

  4. Part IV

    Offences, Powers of Constables, etc

    1. Offences of annoying, offensive, obstructive or dangerous behaviour

      1. 46. Soliciting and importuning by prostitutes

      2. 47. Urinating etc

      3. 48. Dogs: fouling of pavements

      4. 49. Dangerous and annoying creatures

      5. 50. Drunkenness

      6. 51. Obscene material

      7. 52. Indecent photographs etc. of children

      8. 52A. Possession of indecent photographs of children

      9. 53. Obstruction by pedestrians

      10. 54. Playing instruments, singing, playing radios, etc

      11. 55. Touting

      12. 56. Fires

    2. Preventive offences

      1. 57. Being in or on building etc. with intent to commit theft

      2. 58. Convicted thief in possession

    3. Powers of constables etc

      1. 59. Powers of arrest and apprehension

      2. 60. Powers of search and seizure

      3. 61. Protection of insecure premises

  5. Part V

    Public Processions

    1. 62. Notification of processions

    2. 63. Functions of regional and islands councils in relation to processions

    3. 64. Appeals against orders under section 63

    4. 65. Offences and enforcement

    5. 66. Relationship of sections 62 to 65 with Public Order Act 1986

  6. Part VI

    Lost and Abandoned Property

    1. 67. Duty of finder

    2. 68. Functions of chief constable

    3. 69. Claims by owner etc. prior to disposal

    4. 70. Powers of chief constable regarding rewards

    5. 71. Right arising on disposal of property

    6. 72. Rights to compensation

    7. 73. No right of ownership conferred by finding

    8. 74. Living creatures

    9. 75. Stray dogs

    10. 76. Appeal to sheriff

    11. 77. Financial provisions

    12. 78. Crown application of Part VI

    13. 79. Interpretation of Part VI

  7. Part VII

    Property in Possession of Persons Taken into Police Custody

    1. 80. Application of Part VII to property

    2. 81. Chief constable to take charge of property

    3. 82. Provision as to property where the person in custody is the owner etc

    4. 83. Provision as to property where the person in custody is not the owner etc

    5. 84. Appeal to sheriff

    6. 85. Financial provisions: property of persons in custody

    7. 86. Interpretation and Crown application of this Part

  8. Part VIIA

    Property In Unlawful Possession of Persons Taken Into Police Custody and Certain Other Property to which Part VII does not apply

    1. 86A. Application of Part VIIA to property

    2. 86B. Certification by prosecutor

    3. 86C. Claims by owner etc. prior to disposal

    4. 86D. Duty of care etc

    5. 86E. Disposal of relevant property

    6. 86F. Retention of relevant property by police authority

    7. 86G. Appeals

    8. 86H. Crown application of Part VIIA

    9. 86I. Further financial provision

    10. 86J. References in this Part to “chief constable”

  9. Part VIII

    Buildings, etc

    1. 87. Local authorities’ powers in relation to buildings in need of repair

    2. 88. Installation of pipes through neighbouring property

    3. 89. Safety of platforms etc

    4. 90. Lighting of common stairs etc

    5. 91. Installation of lights in private property

    6. 92. Cleaning and painting of common stairs, etc

    7. 93. Fire precautions in common stairs etc

    8. 94. Disused petrol containers

    9. 95. Private open spaces

    10. 96. Statues and monuments

    11. 97. Street names and house numbers

    12. 98. Luminous tube signs

    13. Powers of entry, execution of works, etc

      1. 99. Power to enter, execute works and recover expense

      2. 100. Interest on expenses

      3. 101. Offences relating to powers of entry and carrying out of works

      4. 102. Entry warrants

      5. 103. Execution of owner’s works by occupier

      6. 104. Powers of entry: occupier and owner

      7. 105. Contents of notices

      8. 106. Appeals

      9. 107. Time for enforcing certain notices

      10. 108. Recovery of expenses incurred under section 87 by charging order

      11. 109. Replacement of provisions of this Part by Health and Safety Regulations

  10. Part IX

    Miscellaneous and General

    1. Byelaws

      1. 110.

      2. 111. Cessation of certain byelaws and saving for certain byelaws

    2. Management rules

      1. 112. Making of management rules

      2. 113. Evidence of management rules

      3. 114. Publication of management rules

      4. 115. Inspection and copies of management rules

      5. 116. Expulsion or exclusion for breach of management rules

      6. 117. Exclusion orders

      7. 118. Offences

    3. Regulation of charitable collections

      1. 119. Regulation of charitable collections

    4. The seashore etc

      1. 120. Savings for Crown and other rights

      2. 121. Control of the seashore, adjacent waters and inland waters

      3. 122. Power to execute works on seashore

      4. 123. Interpretation of sections 120 to 122

    5. Refuse collection and disposal

      1. 124.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 125.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 126. Repeal of sections 124 and 125, savings and transitional provisions

    6. Miscellaneous

      1. 127. Advertising on local authority lands, vehicles etc

      2. 128. Control of stray dogs

      3. 129. Killing of or injury to dogs worrying livestock

    7. General

      1. 130. Offences by bodies corporate

      2. 131. Application to Crown

      3. 132. Expenses

      4. 133. Interpretation

      5. 134. Postponement of repeal of Burgh Police (Scotland) Acts and local statutory provisions

      6. 135.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      7. 136. Consequential, transitional and supplementary provisions

      8. 137. Citation, commencement, repeals and extent

  11. SCHEDULE 1

    Licensing—Further Provisions as to the General System

  12. SCHEDULE 2

    Control of Sex Shops

  13. Schedule 2A

    Retention and disposal of property seized under section 54(2A) of this Act

  14. SCHEDULE 3

    Minor and Consequential Amendments

  15. Schedule 4

    Repeals

An Act to make provision as regards Scotland for the licensing and regulation of certain activities; for the preservation of public order and safety and the prevention crime; for prohibiting the taking of and dealing with indecent photographs of children; as to certain powers of constables and others; as to lost and abandoned property and property in the possession of persons taken into police custody; as to the rights and duties of the owners and users of certain land, buildings and other structures; as to the making by local authorities of byelaws; and to enable them to make management rules applying to land or premises under their control; as to certain other functions of local authorities and their officers; as to the time when the Burgh Police (Scotland) Acts 1892 to 1911 and certain local statutory provisions cease to have effect; and for connected purposes.]

[28th October 1982]

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