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Section 92 General application to Scotland.

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The provisions of this section have effect for the purposes of the application of this Act to Scotland.

(2)

An offence against this Act may be prosecuted in the district court, and, when so prosecuted, the provisions in relation to sentences contained in F1section 7(6) of the Criminal Procedure (Scotland) Act 1995 shall apply to such a prosecution as they apply to prosecutions of common law offences.

(3)

In the event of refusal or delay on the part of any person in complying with the order of a local authority, the local authority may give information of the refusal or delay to the procurator-fiscal of the district, who may apply to the sheriff for a warrant to carry such order into effect, and such warrant may be executed by the officers of the court in common form.

(4)

Notwithstanding anything in any other Act, and except in relation to section 4 above, such part not exceeding one half of every fine recovered under this Act as the court before which it is recovered thinks fit shall be paid to the person who proceeds for it.

(5)

Nothing in subsections (3) and (4) above applies to proceedings under the customs and excise Acts.

(6)

Notwithstanding the repeal by this Act of section 17 of the M1Diseases of Animals Act 1935, Part I of the M2Ministry of Agriculture and Fisheries Act 1919 shall be deemed always to have extended to Scotland.

Annotations

Textual amendments

F1

Words in s. 92(2) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 35

Marginal citations

M1

1935 c. 31.

M2

1919 c. 91.