Public Health (Scotland) Act 1897

24Penalty for contravention of decree and of interdict.

If the said decree be not complied with in good and sufficient manner, and within the time appointed, the author of the nuisance, or the owner or occupier, as the case may be, shall be liable, in the case of nuisances under sub-sections (1), (2), (3), (4), (5), (7), (10), and (11) in section sixteen of this Act, to a penalty of not more than ten shillings per day during his failure so to comply ; and if the said interdict be knowingly infringed by the act or authority of the owner or occupier, such owner or occupier shall be liable for every such offence to a penalty not exceeding twenty shillings per day during such infringement; and in the case of nuisances under sub-sections (6), (8), and (9) in the said section, the party not complying with or infringing such decree shall be liable to a penalty not exceeding five pounds for the first offence, and not exceeding ten pounds for the second, and for each subsequent conviction a sum not exceeding double the amount of the penalty in the last preceding conviction, but no penalty shall exceed two hundred pounds : Provided always, in the case of a nuisance under the said sub-section (9), that if it appears to the sheriff that the best means then known to be available for mitigating the nuisance, or the injurious effects thereof, have not been adopted, he may suspend his final determination upon condition that the author of the nuisance shall undertake to adopt within a definite time such means as he shall judge to be practicable, and order to be carried into effect, for mitigating or preventing such injurious effects.