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Police, Public Order and Criminal Justice (Scotland) Act 2006

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This is the original version (as it was originally enacted).

87Date, time and place of assessment

This section has no associated Explanatory Notes

(1)Subsection (2) applies where, in accordance with a requirement imposed by virtue of section 86(2), a person reports at the place where the person’s drugs assessment is to take place.

(2)The drugs assessor who is to carry out the drugs assessment or a person acting on the drugs assessor’s behalf must give the person a notice in writing which—

(a)informs the person of the date and time of the drugs assessment;

(b)confirms the place of the drugs assessment; and

(c)warns the person that the person is liable to prosecution if the person fails without good cause to attend and remain for the duration of the drugs assessment.

(3)Where a person is given a notice in pursuance of subsection (2), the drugs assessor who is to carry out the drugs assessment or a person acting on the drugs assessor’s behalf may change the date, time or place of the assessment by serving on the person a further notice in writing which—

(a)informs the person of the change; and

(b)repeats the warning mentioned in subsection (2)(c).

(4)For the purpose of subsection (3), a notice is served on a person if—

(a)given to the person; or

(b)sent to the person by registered post or a recorded delivery service.

(5)A certificate of posting of a notice sent under subsection (4)(b) issued by the postal operator concerned is sufficient evidence of the sending of the notice on the day specified in the certificate.

(6)In subsection (5), “postal operator” has the meaning given by section 125(1) of the Postal Services Act 2000 (c. 26).

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