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Textual Amendments
F1Pt. 1 title substituted (1.4.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(11), 36(2); S.S.I. 2017/12, reg. 2, sch.
(1)It is the duty of a council to enforce within its area the provisions of Chapters 1 and 2 and regulations made under them.
(2)The Scottish Ministers may direct, in relation to a particular case or cases of a particular description, that any duty imposed on a council by subsection (1) is to be discharged by the Scottish Ministers and not by the council.
(3)Where a direction has effect under subsection (2), sections 27 to 31 apply, in relation to the particular case, or cases of the description, specified in the direction—
(a)as if references to a council officer were references to a person acting on behalf of the Scottish Ministers, and
(b)with references to a person's area being read in accordance with any modifications specified in the direction.
Commencement Information
I1S. 25 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.
(1)A council must, at least once in every period of 12 months, carry out a programme of enforcement action in its area.
(2)For the purposes of subsection (1), a programme of enforcement action is a programme involving one or both of the following—
(a)the investigation of complaints in respect of alleged offences under Chapter 1 or 2,
(b)the taking of other measures intended to reduce the incidence of offences under those Chapters.
Commencement Information
I2S. 26 in force at 1.4.2011 by S.S.I. 2010/345, art. 2, Sch.