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