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Link to original content: http://www.legislation.gov.uk/id/ukpga/1982/45/section/91/1
Civic Government (Scotland) Act 1982, Section 91 is up to date with all changes known to be in force on or before 01 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A [F1local authority]or an owner of common property may, where it is necessary to do so for the purpose of performing their or, as the case may be, his functions under section 90 of this Act, provide and maintain lights in or on any land or building in or on which they have no right (apart from this section) to do so, and any person authorised by such [F1authority] or by such owner may, at any reasonable time, enter that land or building in order to do so on their behalf.
(2)A [F1local authority]who provide and maintain or an owner of common property who provides and maintains lights under this section shall, in doing so, cause as little inconvenience and damage as possible and pay compensation for any damage done; and, in case of dispute, the amount of such compensation shall be determined summarily by the sheriff, whose decision in the matter shall be final.
(3)The person having right to any land or building in or on which lights have been provided and maintained under subsection (1) above may, on giving 14 days written notice to that effect, require the [F1local authority] or, as the case may be, the owner of the common property to remove them temporarily during any reconstruction, repair or similar works relating to the land or building, and if the [F1 authority] or, as the case may be, the owner fails to do so, the person having right as aforesaid may do so and recover the expense thereof from the [F1authority]or, as the case may be, the owner, with interest thereon at such reasonable rate as that person may determine from the date on which a demand for the expenses is served until payment.
Textual Amendments
F1Words in s. 91(1)-(3) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 129(10); S.I. 1996/323, art. 4(1)(c)
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