Civic Government (Scotland) Act 1982
1982 c. 45 · Enacted 28 October 1982 · Extends to England, Wales and Scotland
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]C1
Annotations to the whole text
Modifications
- C1
Act: power to modify conferred (1.10.2011) by Alcohol etc. (Scotland) Act 2010 (asp 18), ss. 15(1)(c)(ii), 18(1) (with s. 16); S.S.I. 2011/149, art. 2, sch.
Contents
- Part I: Licensing—General Provisions
- 1Application of Parts I and II of this Act.
- 2Licensing authorities.
- 3Discharge of functions of licensing authorities.
- 3AMandatory licence conditions
- 3BStandard licence conditions
- 4Further provisions as to licensing.
- 5Rights of entry and inspection.
- 6Powers of entry to and search of unlicensed premises.
- 7Offences, etc.
- 8Interpretation of Parts I and II.
- Part II: Licensing and Regulation—Particular Activities
- 9Application of sections 10 to 27 and 38 to 44.
- Licensing and regulation of taxis and private hire cars
- 10Taxi and private hire car licences.
- 11Inspection and testing of vehicles.
- 12Fees for taxi and private hire car licences.
- 13Taxi and private hire car driving licences.
- 13APersons disqualified by reason of immigration status
- 14Signs on vehicles other than taxis.
- 15Operation of taxis outside licensing areas.
- 16Journeys in England and Wales by vehicles and drivers licensed under this Act.
- 17Taxi fares.
- 18Appeals in respect of taxi fares.
- 18APublication and coming into effect of taxi fares
- 19Taxi stances.
- 20Regulations relating to taxis and private hire cars and their drivers.
- 21Offences.
- 22Exemptions
- 23Interpretation of sections 10 to 22.
- Licensing and regulation of second-hand dealers
- 24Second-hand dealers’ licences.
- 25Disposal of stock-in-trade.
- 26Sellers of second-hand goods: offences etc.
- 27Functions of the court in relation to second-hand dealers convicted of offences.
- Licensing and regulation of knife dealers
- 27AKnife dealers' licences
- 27BApplications for knife dealers' licences: notice
- 27CKnife dealers' licences: conditions
- 27DProvision of information to holder of knife dealer's licence
- 27EKnife dealers' licences: warrants to enter, search and seize articles
- 27FPowers of constables and authorised officers
- 27GPower to inspect documents
- 27HSections 27E to 27G: interpretation
- 27JForfeiture orders
- 27KEffect of forfeiture order
- 27LOffences by partnerships
- 27MAppropriate licence required
- 27NRemote sales of knives etc.
- 27PSales and dispatches in different local authority areas
- 27QDuty to avoid conflict between conditions of licences
- 27ROffences in relation to knife dealers' licences: exceptions
- 27SOrders under sections 27A to 27R
- Licensing and regulation of metal dealers
- 28Metal dealers: licensing and regulation.
- 29Metal dealers’ exemption warrants. Repealed
- 30Keeping of records. Repealed
- 31Retention of metal. Repealed
- 32Itinerant metal dealers.
- 33Receipts and invoices: itinerant metal dealers. Repealed
- 33AAcceptable forms of payment for metal
- 33BAcceptable forms of payment: meaning of “bank or building society account”
- 33CRequirement to keep records
- 33DForm of records
- 33EMetal dealer to keep records for each place of business
- 34Offences relating to metal dealing.
- 35Functions of the court in relation to metal dealers convicted of offences.
- 35ARegister of metal dealers and itinerant metal dealers
- 36Appropriate licence required.
- 37Interpretation of sections 28 to 36.
- 37AExemptions
- Miscellaneous licences
- 38Boat hire licences.
- 39Street traders’ licences.
- 40Market operators’ licences.
- 41Public entertainment licences.
- 41AIndoor sports entertainment licences.
- 42Late hours catering licences.
- 43Window cleaners’ licences.
- 44Additional activities.
- Part III: Control of sex shops and sexual entertainment venues
- 45Control of sex shops.
- 45ALicensing of sexual entertainment venues: interpretation
- 45BLicensing of sexual entertainment venues
- 45CStatements of policy in relation to sexual entertainment venues
- 45DDeemed grant of applications
- Conditions of licences granted under this Part
- 45EMandatory licence conditions
- 45FStandard licence conditions
- Part 3A: CIVIC LICENSING STANDARDS OFFICERS
- 45GCivic licensing standards officers
- 45HGeneral functions of a civic licensing standards officer
- Part IV: Offences, Powers of Constables, etc.
- Offences of annoying, offensive, obstructive or dangerous behaviour
- 46Soliciting and importuning by prostitutes.
- 47Urinating etc.
- 48Dogs: fouling of pavements. Repealed
- 49Dangerous and annoying creatures.
- 50Drunkenness.
- 51Obscene material.
- 51AExtreme pornography
- 51BExtreme pornography: excluded images
- 51CExtreme pornography: defences
- 52Indecent photographs etc. of children.
- 52APossession of indecent photographs of children.
- 52BSections 52 and 52A: exceptions for photographs of 16 and 17 year olds
- 52CSection 52B: proof of exceptions
- 53Obstruction by pedestrians.
- 54Playing instruments, singing, playing radios, etc.
- 55Touting.
- 56Fires.
- Preventive offences
- 57Being in or on building etc. with intent to commit theft.
- 58Convicted thief in possession.
- Powers of constables etc.
- 59Powers of arrest and apprehension.
- 60Powers of search and seizure.
- 61Protection of insecure premises.
- Part V: Public Processions
- 62Notification of processions.
- 63Functions of regional and islands councils in relation to processions.
- 64Appeals against orders under section 63.
- 65Offences and enforcement.
- 65AGuidance to local authorities
- 66Relationship of sections 62 to 65 with Public Order Act 1986.
- Part VI: Lost and Abandoned Property
- 67Duty of finder.
- 68Functions of chief constable.
- 69Claims by owner etc. prior to disposal.
- 70Powers of chief constable regarding rewards.
- 71Right arising on disposal of property.
- 72Rights to compensation.
- 73No right of ownership conferred by finding.
- 74Living creatures.
- 75Stray dogs.
- 76Appeal to sheriff.
- 77Financial provisions.
- 78Crown application of Part VI.
- 79Interpretation of Part VI.
- Part VII: Property in Possession of Persons Taken into Police Custody
- 80Application of Part VII to property.
- 81Chief constable to take charge of property.
- 82Provision as to property where the person in custody is the owner etc.
- 83Provision as to property where the person in custody is not the owner etc.
- 84Appeal to sheriff.
- 85Financial provisions: property of persons in custody.
- 86Interpretation and Crown application of this Part.
- Part VIIA: Property In Unlawful Possession of Persons Taken Into Police Custody and Certain Other Property to which Part VII does not apply
- 86AApplication of Part VIIA to property.
- 86BCertification by prosecutor.
- 86CClaims by owner etc. prior to disposal.
- 86DDuty of care etc.
- 86EDisposal of relevant property.
- 86FRetention of relevant property by Scottish Police Authority
- 86GAppeals.
- 86HCrown application of Part VIIA.
- 86IFurther financial provision.
- 86JReferences in this Part to “chief constable”.
- Part VIII: Buildings, etc.
- 87Local authorities’ powers in relation to buildings in need of repair.
- 88Installation of pipes through neighbouring property.
- 89Safety of platforms etc.
- 90Lighting of common stairs etc.
- 91Installation of lights in private property.
- 92Cleaning and painting of common stairs, etc.
- 93Fire precautions in common stairs etc.
- 94Disused petrol containers.
- 95Private open spaces.
- 96Statues and monuments.
- 97Street names and house numbers.
- 98Luminous tube signs.
- Powers of entry, execution of works, etc.
- 99Power to enter, execute works and recover expense.
- 100Interest on expenses.
- 101Offences relating to powers of entry and carrying out of works.
- 102Entry warrants.
- 103Execution of owner’s works by occupier.
- 104Powers of entry: occupier and owner.
- 105Contents of notices.
- 106Appeals.
- 107Time for enforcing certain notices.
- 108Recovery of expenses incurred under section 87 by charging order.
- 109Replacement of provisions of this Part by Health and Safety Regulations.
- Part IX: Miscellaneous and General
- Byelaws
- 110Section 110
- 111Cessation of certain byelaws and saving for certain byelaws.
- Management rules
- 112Making of management rules.
- 113Evidence of management rules.
- 114Publication of management rules.
- 115Inspection and copies of management rules.
- 116Expulsion or exclusion for breach of management rules.
- 117Exclusion orders.
- 118Offences.
- Regulation of charitable collections
- 119Regulation of charitable collections.
- The seashore etc.
- 120Savings for Crown and other rights.
- 121Control of the seashore, adjacent waters and inland waters.
- 122Power to execute works on seashore.
- 123Interpretation of sections 120 to 122.
- Refuse collection and disposal
- 124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 125. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 126Repeal of sections 124 and 125, savings and transitional provisions.
- Miscellaneous
- 127Advertising on local authority lands, vehicles etc.
- 128Control of stray dogs.
- 129Killing of or injury to dogs worrying livestock.
- General
- 130Offences by bodies corporate.
- 131Application to Crown.
- 132Expenses.
- 133Interpretation.
- 134Postponement of repeal of Burgh Police (Scotland) Acts and local statutory provisions.
- 135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 136Consequential, transitional and supplementary provisions.
- 137Citation, commencement, repeals and extent.
- Schedule 1: Licensing—Further Provisions as to the General System
- Applications for the grant and renewal of licences
- 1Paragraph 1
- 2Paragraph 2
- Objections and representations
- 3Paragraph 3
- Disposal of applications for the grant and renewal of licences
- 4Paragraph 4
- 5Paragraph 5
- Restriction on successive applications
- 6Paragraph 6
- Temporary licences
- 7Paragraph 7
- Duration of licences
- 8Paragraph 8
- Taxi etc driving licences for persons subject to immigration control
- 8AParagraph 8A
- Notification of changes and alterations
- 9Paragraph 9
- Variation, suspension and revocation of licences
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Supplementary
- 13Paragraph 13
- 14Paragraph 14
- Fees
- 15Paragraph 15
- Sending of notice by post
- 16Paragraph 16
- Electronic communications
- 16AParagraph 16A
- Notification of the decisions and giving of reasons
- 17Paragraph 17
- Appeals
- 18Paragraph 18
- Power to make provision about hearings
- 18AParagraph 18A
- How hearings may be held
- 18BParagraph 18B
- Interpretation
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- Schedule 2: Control of Sex Shops
- Saving for existing law
- 1Paragraph 1
- Meaning of “sex shop” and “sex article”
- 2Paragraph 2
- Miscellaneous definitions
- 3Paragraph 3
- Requirement for licences for sex shops
- 4Paragraph 4
- Waivers
- 5Paragraph 5
- Applications for the grant and renewal of licences
- 6Paragraph 6
- Notification of applications
- 7Paragraph 7
- Objections and representations
- 8Paragraph 8
- Disposal of applications for licences
- 9Paragraph 9
- Notification of decisions and reasons
- 10Paragraph 10
- Display of licences in sex shops
- 11Paragraph 11
- Duration of licences
- 12Paragraph 12
- Revocation of licences
- 13Paragraph 13
- Notification of changes of circumstances
- 14Paragraph 14
- Variation of licences
- 15Paragraph 15
- Surrender of licence
- 16Paragraph 16
- Register of Applications
- 17Paragraph 17
- Fees
- 18Paragraph 18
- Enforcement
- 19Paragraph 19
- Rights of entry and inspection
- 20Paragraph 20
- Powers of entry and search
- 21Paragraph 21
- Sending of notice by post
- 22Paragraph 22
- Electronic communications
- 22AParagraph 22A
- Notification of decisions and giving of reasons
- 23Paragraph 23
- Appeals
- 24Paragraph 24
- Power to make provision about hearings
- 24AParagraph 24A
- How hearings may be held
- 24BParagraph 24B
- Provisions relating to existing premises
- 25Paragraph 25
- Schedule 2A: Retention and disposal of property seized under section 54(2A) of this Act
- Application
- 1Paragraph 1
- Retention
- 2Paragraph 2
- Arrangements for custody of property
- 3Paragraph 3
- Disposal
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Appeals
- 7Paragraph 7
- Interpretation
- 8Paragraph 8
- Schedule 3: Minor and Consequential Amendments
- The Roads and Bridges (Scotland) Act 1878 (c. 51)
- 1Paragraph 1 Repealed
- The Firearms Act 1968 (c. 27)
- 2Paragraph 2
- The Breeding of Dogs Act 1973 (c. 60)
- 3Paragraph 3
- 4Paragraph 4 Repealed
- The Public Passenger Vehicles Act 1981 (c. 14)
- 5Paragraph 5
- Schedule 4Repeals