Civic Government (Scotland) Act 1982

Last updated

Civic Government (Scotland) Act 1982
Royal Coat of Arms of the United Kingdom (Variant 1, 2022).svg
Long title An Act to make provision as regards Scotland for the licensing and regulation of certain activities; for the preservation of public order and safety and the prevention crime; for prohibiting the taking of and dealing with indecent photographs of children; as to certain powers of constables and others; as to lost and abandoned property and property in the possession of persons taken into police custody; as to the rights and duties of the owners and users of certain land, buildings and other structures; as to the making by local authorities of byelaws; and to enable them to make management rules applying to land or premises under their control; as to certain other functions of local authorities and their officers; as to the time when the Burgh Police (Scotland) Acts 1892 to 1911 and certain local statutory provisions cease to have effect; and for connected purposes.
Citation 1982 c.45
Territorial extent Scotland (except s. 16)
Dates
Royal assent 28 October 1982
Commencement 1 January 1985
Status: Amended

The Civic Government (Scotland) Act 1982 is an Act of the United Kingdom Parliament which makes provision for a wide range of civic government matters. [1] [2]

Contents

Effects of the Act

Parts I and II of the Act deal with licensing by local authorities of a range of activities including taxis and private hire cars, second-hand dealers, metal dealers, boat hire, street traders, market operators, public entertainment, indoor sports entertainment and window cleaners.

Part III deals with the control of sex shops.

Part IV sets out a range of public nuisance offences, including soliciting and importuning by prostitutes, urination or defecation in public places, dog fouling, dangerous animals, drunkenness, display, publication etc. of obscene material, obstruction by pedestrians, ticket touting, causing annoyance by playing of instruments, radios &c. Sections 52 and 52A create offences of possession, making and distribution etc. of indecent images of children.

Part V deals with public processions.

Part VI, VII and VIIA deal with lost or abandoned property, and the property of people taken into police custody.

Part VIII deals with local authorities' powers as regards buildings in need of maintenance and maintenance of common stairs.

Related Research Articles

<span class="mw-page-title-main">Local government in Scotland</span> System of state administration on a local level in Scotland

Local government in Scotland comprises thirty-two local authorities, commonly referred to as councils. Each council provides public services, including education, social care, waste management, libraries and planning. Councils receive the majority of their funding from the Scottish Government, but operate independently and are accountable to their local electorates. Councils raise additional income via the Council Tax, a locally variable domestic property tax, and Business rates, a non-domestic property tax.

<span class="mw-page-title-main">Magistrate</span> Officer of the state, usually judge

The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, magistrate is a word applied to a person responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions, magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas.

<span class="mw-page-title-main">Local Government etc. (Scotland) Act 1994</span> United Kingdom legislation

The Local Government etc. (Scotland) Act 1994 is an Act of the Parliament of the United Kingdom that created the current local government structure of 32 unitary authorities covering the whole of Scotland.

<span class="mw-page-title-main">Sheriff court</span> Principal local civil and criminal court in Scotland

A sheriff court is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to £100,000, and with the jurisdiction to hear any criminal case except treason, murder, and rape, which are in the exclusive jurisdiction of the High Court of Justiciary. Though the sheriff courts have concurrent jurisdiction with the High Court over armed robbery, drug trafficking, and sexual offences involving children, the vast majority of these cases are heard by the High Court. Each court serves a sheriff court district within one of the six sheriffdoms of Scotland. Each sheriff court is presided over by a sheriff, who is a legally qualified judge, and part of the judiciary of Scotland.

<span class="mw-page-title-main">District court</span> Category of courts

District courts are a category of courts which exists in several nations, some call them "small case court" usually as the lowest level of the hierarchy. These include:

Provost is a title held by the civic heads of local governments in Scotland. It is similar in use to the title of mayor in other parts of the English-speaking world.

The alcohol licensing laws of the United Kingdom regulate the sale and consumption of alcohol, with separate legislation for England, Wales, Northern Ireland and Scotland being passed, as necessary, by the UK parliament, the Senedd in Wales, the Northern Ireland Assembly, and the Scottish Parliament respectively.

Town and country planning in the United Kingdom is the part of English land law which concerns land use planning. Its goal is to ensure sustainable economic development and a better environment. Each country of the United Kingdom has its own planning system that is responsible for town and country planning, which outside of England is devolved to the Northern Ireland Assembly, the Scottish Parliament and the Senedd.

<span class="mw-page-title-main">Police and Criminal Evidence Act 1984</span> United Kingdom legislation

The Police and Criminal Evidence Act 1984 (PACE) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary to issue Codes of Practice governing police powers. The aim of PACE is to establish a balance between the powers of the police in England and Wales and the rights and freedoms of the public. Equivalent provision is made for Northern Ireland by the Police and Criminal Evidence Order 1989 (SI 1989/1341). The equivalent in Scots Law is the Criminal Procedure (Scotland) Act 1995.

<span class="mw-page-title-main">District court (Scotland)</span>

A district court was the least authoritative type of criminal court of Scotland. The courts operated under summary procedure and dealt primarily with minor criminal offences. The district courts were administered by the district councils established under the Local Government (Scotland) Act 1973. Following the passage of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 by the Scottish Parliament, the Scottish Ministers abolished the district courts and transferred their functions to the justice of the peace courts, which are administered by the Scottish Courts and Tribunals Service and subject to the authority of the Lord President of the Court of Session.

In the United Kingdom, a fixed penalty notice (FPN) is a notice giving an individual the opportunity to be made immune from prosecution for an alleged criminal offence in exchange for a fee. Fixed penalty notices were introduced in Britain in the 1980s to deal with minor parking offences. Originally used by police and traffic wardens, their use has extended to other public officials and authorities, as has the range of offences for which they can be used.

<span class="mw-page-title-main">Indecent Displays (Control) Act 1981</span> United Kingdom legislation

The Indecent Displays (Control) Act is an Act of Parliament covering Scotland, England and Wales but not Northern Ireland. It is concerned with preventing the display of “indecent” material to the unsuspecting public. As with the Protection of Children Act, the Act does not define indecency, although it does give some directions as to how a display can be considered indecent. It establishes that “If any indecent matter is publicly displayed the person making the display and any person causing or permitting the display to be made shall be guilty of an offence”, making exceptions for the following:

<span class="mw-page-title-main">Nagpur Municipal Corporation</span> Local civic body in Nagpur, Maharashtra, India

Nagpur Municipal Corporation (NMC) is the municipal body administering Nagpur, in Maharashtra state in Central India.

<span class="mw-page-title-main">Scots property law</span> Rules relating to property in Scotland

Scots property law governs the rules relating to property found in the legal jurisdiction of Scotland. As a hybrid legal system with both common law and civil law heritage, Scots property law is similar, but not identical, to property law in South Africa and the American state of Louisiana.

<span class="mw-page-title-main">Scottish criminal law</span>

Scots criminal law relies far more heavily on common law than in England and Wales. Scottish criminal law includes offences against the person of murder, culpable homicide, rape and assault, offences against property such as theft and malicious mischief, and public order offences including mobbing and breach of the peace. Scottish criminal law can also be found in the statutes of the UK Parliament with some areas of criminal law, such as misuse of drugs and traffic offences appearing identical on both sides of the Border. Scottish criminal law can also be found in the statute books of the Scottish Parliament such as the Sexual Offences (Scotland) Act 2009 and Prostitution (Scotland) Act 2007 which only apply to Scotland. In fact, the Scots requirement of corroboration in criminal matters changes the practical prosecution of crimes derived from the same enactment. Corroboration is not required in England or in civil cases in Scotland. Scots law is one of the few legal systems that require corroboration.

Municipal or local governance refers to the third tier of governance in India, at the level of the municipality or urban local body.

Prostitution in Scotland has been similar to that in England under the State of Union, but since devolution, the new Scottish Parliament has pursued its own policies.

<span class="mw-page-title-main">Justice of the peace court</span>

A justice of the peace court is the lowest authoritative type of criminal court in Scotland. The court operates under summary procedure and deals primarily with less serious criminal offences.

<span class="mw-page-title-main">Sexual offences in the United Kingdom</span>

There are a number of sexual offences under the law of England and Wales, the law of Scotland, and the law of Northern Ireland.

The powers of the police in Scotland, as with much of Scots law, are based on mixed elements of statute law and common law.

References