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Section 49 ObstructionI1

(1)

A person commits an offence by, without reasonable excuse, preventing or obstructing any other person from doing anything which the other person is authorised or entitled to do by virtue of—

(a)

an assessment order,

(b)

a removal order,

(c)

a banning order,

(d)

a temporary banning order,

(e)

a warrant for entry, or

(f)

any provision of this Part.

(2)

A person commits an offence by, without reasonable excuse, refusing or otherwise failing to comply with a requirement made under section 10.

(3)

A person who is guilty of an offence under this section is liable, on summary conviction—

(a)

to a fine not exceeding level 3 on the standard scale,

(b)

to be imprisoned for a term not exceeding 3 months, or

(c)

to both such a fine and such imprisonment.

(4)

Nothing done by a person whose well-being or property another person is attempting to investigate or safeguard constitutes an offence under this section.

Annotations

Commencement

I1

S. 49 in force at 29.10.2008 by S.S.I. 2008/314, art. 2

Notes on Part 1

Modifications

C1

Pt. 1 modified (31.3.2012) by The Community Care and Health (Scotland) Act 2002 (Incidental Provision) (Adult Support and Protection) Order 2012 (S.S.I. 2012/66), arts. 1(1), 2