Search Legislation

Advanced Search

Public Health etc. (Scotland) Act 2008

Status:

This is the original version (as it was originally enacted).

73Notice on occupier or owner of infected etc. premises or things

This section has no associated Explanatory Notes

(1)This section applies where—

(a)a local authority knows or suspects that—

(i)any premises in its area are; or

(ii)any thing in or on such premises is,

infected, infested or contaminated; and

(b)it appears to the authority that as a result it is necessary, to prevent, or prevent the spread of, infectious disease or contamination, for one or more of the steps mentioned in subsection (2) to be taken.

(2)Those steps are—

(a)the—

(i)disinfection;

(ii)disinfestation; or

(iii)decontamination,

of the premises or of a thing in or on the premises;

(b)the destruction of such a thing;

(c)other connected operations in relation to such a thing or such premises.

(3)The authority may serve notice on the person who is—

(a)the occupier of the premises; or

(b)where the premises are unoccupied, the owner of them,

requiring that person to take one or more of the steps mentioned in subsection (2).

(4)Where—

(a)a notice is served under subsection (3)(a) on the occupier of premises; and

(b)that occupier is not the owner of those premises,

the authority must serve a copy of the notice on the owner.

(5)The authority may serve notice under subsection (3) only where a local authority competent person certifies that the person is satisfied as to the matters mentioned in subsection (1).

(6)A notice under subsection (3) must—

(a)specify the steps which the person on whom the notice is served must take;

(b)specify the period before the expiry of which those steps must be taken; and

(c)advise the person on whom the notice is served that, where that person fails to comply with the notice, the local authority may take those steps.

(7)Where, before the expiry of the period mentioned in subsection (6)(b), the person on whom the notice is served consents, an authorised officer may do anything that officer would, under section 75(2), be entitled to do.

(8)In this Part, “authorised officer” means an officer of the local authority authorised by it for the purposes of this section, section 74, 75, 76, 77, 78 or, as the case may be, 79.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources