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Antisocial Behaviour etc. (Scotland) Act 2004

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This is the original version (as it was originally enacted).

61Non-compliance with graffiti removal notice

This section has no associated Explanatory Notes

(1)Subsection (2) applies where a person on whom a graffiti removal notice is served (the “responsible person”) does not comply with it.

(2)The local authority that served the notice or a person authorised by it may—

(a)remove, clear or otherwise remedy the defacement; and

(b)in so far as is reasonably necessary for that purpose, enter any land.

(3)Where subsection (4) applies, a local authority may recover from the responsible person expenditure reasonably incurred by virtue of subsection (2).

(4)This subsection applies where the local authority has served on the responsible person a notice setting out—

(a)the amount of; and

(b)details of,

the expenditure which it proposes to recover.

(5)Subsections (2) to (5) of section 160 of the 1990 Act shall apply in relation to the service of a notice mentioned in subsection (4) as they apply to notices required or authorised to be served under that Act.

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