Section 24 Property factor enforcement order: offencesI1

Scotland

(1)

A person who, without reasonable excuse, fails to comply with a property factor enforcement order commits an offence.

(2)

For the purposes of subsection (1), a person has reasonable excuse for failing to comply with a property factor enforcement order if––

(a)

the person is unable to comply with the order because of a lack of necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights, or

(b)

any action required by the order is likely to endanger any person.

(3)

Subsection (2) does not affect the generality of the defence of reasonable excuse.

(4)

A person cannot be guilty of an offence under subsection (1) unless the F1First-tier Tribunal which made the property factor enforcement order in question has decided under section 23(1) that the property factor has failed to comply with it (but such a decision does not establish a presumption that the person has committed an offence under subsection (1)).

(5)

A person who is guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Annotations

Textual amendments

F1: Words in s. 24(4) substituted (1.12.2016) by The First-tier Tribunal for Scotland (Transfer of Functions of the Homeowner Housing Committees) Regulations 2016 (S.S.I. 2016/335), reg. 1(2), sch. 2 para. 12 (with sch. 1 para. 5)

Commencement

I1: S. 24 in force at 1.10.2012, see s. 33(2)