Section 5 Remedies for failure to comply with notice under s. 4.
Subject to the provisions of the last foregoing section with respect to appeals, if any person on whom a notice is served by the local authority under that section fails to take any steps required by the notice at the time or within the period prescribed by the notice, the local authority may themselves take those steps and recover from him any expenses reasonably incurred by them in doing so.
Without prejudice to the provisions of subsection (1) of this section, but subject to the provisions of the last foregoing section with respect to appeals, a person who fails to take any steps as aforesaid shall be guilty of an offence and liable on summary conviction to a fine not exceeding in the case of a first offence F1fifty poundslevel 3 on the standard scale, and in the case of a second or any subsequent offence F2one hundred poundslevel 3 on the standard scale.
Annotations
Textual amendments
- F1
“level 3 on the standard scale” substituted (S.) for “fifty pounds” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G
- F2
“level 3 on the standard scale” substituted (S.) for “one hundred pounds” by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G
Modifications
- C1
S. 5(2): Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.)
Notes on Part I
Modifications
- C1
Pt. I (ss. 1–12) power to apply conferred (E.W.) by Housing Act 1988 (c. 50, SIF 61), s. 68(1)(d)