Section 35 Reimbursement of expenditure

Scotland

(1)

The sheriff may, on the application of F1the Scottish Police Authority or a local authority, make such order as the sheriff considers appropriate for the reimbursement by a relevant person of relevant expenditure.

(2)

An application under this section may not be made after the expiry of the period of 3 months beginning with the day on which the closure order ceases to have effect.

(3)

An application under this section shall be served—

(a)

where the application is made—

(i)

by a local authority, on the F2Scottish Police Authority;

(ii)

by F3the Scottish Police Authority, on the local authority for the area in which the premises are situated; and

(b)

on the relevant person.

(4)

In this section—

“relevant person” means the owner of the premises in respect of which the order has (or had) effect; and
“relevant expenditure” means expenditure incurred by the applicant for the purpose of clearing, securing or maintaining the premises in respect of which the closure order has (or had) effect.

Annotations

Textual amendments

F1: Words in s. 35(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 24(7)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F2: Words in s. 35(3)(a)(i) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 24(7)(b)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F3: Words in s. 35(3)(a)(ii) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 24(7)(b)(ii); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)