UK Act of Parliament 1982 Scotland

Civic Government (Scotland) Act 1982

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 …

Enforced by
Local Authority
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 19 of 89 obligations carry a fine up to £1,000. 28 carry different penalties and 42 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person51 Trader6 Licence Holder5 Landlord2 Occupier2 Director or Officer1

Plus 22 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Trader — also bound by 825 other Acts
Licence Holder — also bound by 225 other Acts
Landlord — also bound by 224 other Acts
Occupier — also bound by 235 other Acts
Director or Officer — also bound by 429 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Licensing—General Provisions

3 of 10 sections shown
s.005 Rights of entry and inspection. (opens in a new tab) Prosecution
  • Obstructing licensing inspections or failing to produce recordsAny Person

Fine up to £1,000

s.006 Powers of entry to and search of unlicensed premises. (opens in a new tab) Prosecution
  • Obstruct or refuse a search of unlicensed premisesAny Person

Fine up to £1,000

s.007 Offences, etc. (opens in a new tab) Imprisonment
  • Operate without a required civic licence or breach licence conditionsAny Person
7 other sections in this Part — procedural and definitional
s.003 Mandatory licence conditions
s.003 Standard licence conditions
Part 2

Licensing and Regulation—Particular Activities

32 of 63 sections shown
s.010 Taxi and private hire car licences. (opens in a new tab) Prosecution
  • Fail to return taxi or private hire licence and plates after saleAny Person

Fine up to £500

s.011 Inspection and testing of vehicles. (opens in a new tab) Regulated
  • Present taxi or private hire vehicle for inspection and testingLicence Holder
s.012 Fees for taxi and private hire car licences. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Licensing authority must set taxi and private hire fees to cover costsLocal authority
s.014 Signs on vehicles other than taxis. (opens in a new tab) Prosecution
  • Improperly marking a private hire vehicle as a taxiAny Person

Fine up to £1,000

s.017 Taxi fares. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Licensing authorities must review and fix taxi fare scales every 18 monthsLocal authority
s.018 Publication and coming into effect of taxi fares Regulated
Other duties (1) — Crown / regulator
  • Licensing authority must publish and set start dates for taxi fare scalesLocal authority
s.020 Regulations relating to taxis and private hire cars and their drivers. (opens in a new tab) Prosecution
  • Breach of private hire car regulations regarding disabled passengersAny Person

Fine up to £1,000

s.021 Offences. (opens in a new tab) Prosecution
  • Operate an unlicensed taxi or private hire vehicleAny Person

Fine up to £2,500

s.024 Second-hand dealers’ licences. (opens in a new tab) Prosecution
  • Fail to record mileage when buying second-hand vehicles for resaleAny Person

Fine up to £1,000

s.025 Disposal of stock-in-trade. (opens in a new tab) Prosecution
  • Unlawful early disposal of second-hand stockAny Person

Fine up to £1,000

s.026 Sellers of second-hand goods: offences etc. (opens in a new tab) Prosecution
  • Providing false details when selling to a second-hand dealerAny Person

Fine up to £1,000

s.027 Functions of the court in relation to second-hand dealers convicted of offences. (opens in a new tab) Imprisonment
  • Breach of a court order regarding the sale of second-hand goodsAny Person
s.027 Applications for knife dealers' licences: notice Regulated
Other duties (1) — Crown / regulator
  • Licensing authority must give public notice of knife dealer applicationsLocal authority
s.027 Knife dealers' licences: conditions Regulated
Other duties (1) — Crown / regulator
  • Licensing authority must attach specific conditions to knife dealers' licencesLocal authority
s.027 Provision of information to holder of knife dealer's licence Prosecution
  • Provide false information to a licensed knife dealerAny Person

Fine up to £1,000

s.027 Powers of constables and authorised officers Regulated
  • Refuse entry to or obstruct constable/authorised officer executing a warrantAny Person
s.027 Power to inspect documents Prosecution
  • Fail to produce documents for knife dealer inspectionAny Person

Fine up to £1,000

s.027 Offences by partnerships Imprisonment
  • Partner liable for partnership knife‑related offencesAny Person
s.027 Appropriate licence required Regulated
  • Obtain both second-hand and knife dealer licences if applicableTrader
s.027 Duty to avoid conflict between conditions of licences Regulated
Other duties (1) — Crown / regulator
  • Licensing authority must prevent conflicting dealer licence conditionsLocal authority
s.028 Metal dealers: licensing and regulation. (opens in a new tab) Regulated
  • Obtain a licence and specify premises to trade as a metal dealerTrader
s.032 Itinerant metal dealers. (opens in a new tab) Regulated
  • Obtain a licence to work as an itinerant metal dealerTrader
s.033 Acceptable forms of payment for metal Prosecution
  • Making or receiving illegal cash payments for scrap metalAny Person

Unlimited fine

s.033 Form of records Regulated
  • Maintain scrap metal records in the prescribed formatTrader
s.033 Metal dealer to keep records for each place of business Regulated
  • Maintain separate records for each metal dealing business locationTrader
s.034 Offences relating to metal dealing. (opens in a new tab) Prosecution
  • Buy metal from or sell metal to a childAny Person

Fine up to £1,000

s.035 Functions of the court in relation to metal dealers convicted of offences. (opens in a new tab) Imprisonment
  • Breach of a court order regarding metal processing or disposalAny Person
s.036 Appropriate licence required. (opens in a new tab) Regulated
  • Obtain separate licences for each type of metal or second-hand dealingTrader
s.038 Boat hire licences. (opens in a new tab) Prosecution
  • Operate a hire boat without valid insuranceAny Person

Fine up to £2,500

s.040 Market operators’ licences. (opens in a new tab) Regulated
  • Obtain a licence to operate a private marketAny Person
s.043 Window cleaners’ licences. (opens in a new tab) Regulated
  • Obtain a licence to work as a window cleanerAny Person
s.044 Additional activities. (opens in a new tab) Imprisonment
  • Carry out a designated activity without a required licenceAny Person
31 other sections in this Part — procedural and definitional
s.013 Persons disqualified by reason of immigration status
s.027 Knife dealers' licences
s.027 Knife dealers' licences: warrants to enter, search and seize articles
s.027 Sections 27E to 27G: interpretation
s.027 Forfeiture orders
s.027 Effect of forfeiture order
s.027 Remote sales of knives etc.
s.027 Sales and dispatches in different local authority areas
s.027 Offences in relation to knife dealers' licences: exceptions
s.027 Orders under sections 27A to 27R
s.033 Acceptable forms of payment: meaning of “bank or building society account”
s.033 Requirement to keep records
s.035 Register of metal dealers and itinerant metal dealers
s.037 Exemptions
s.041 Indoor sports entertainment licences.
Part 3

CIVIC LICENSING STANDARDS OFFICERS

1 of 2 sections shown
s.045 General functions of a civic licensing standards officer Regulated
Other duties (1) — Crown / regulator
  • Civic licensing standards officers must supervise and support licence holdersLocal authority
1 other section in this Part — procedural and definitional
s.045 Civic licensing standards officers
Part 3

Control of sex shops and sexual entertainment venues

2 of 7 sections shown
s.045 Control of sex shops. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must notify the public before regulating sex shopsLocal authority
s.045 Statements of policy in relation to sexual entertainment venues Regulated
Other duties (1) — Crown / regulator
  • Local authorities must create and publish a sexual entertainment venue policyLocal authority
5 other sections in this Part — procedural and definitional
s.045 Licensing of sexual entertainment venues: interpretation
s.045 Licensing of sexual entertainment venues
s.045 Deemed grant of applications
s.045 Mandatory licence conditions
s.045 Standard licence conditions
Part 4

Offences, Powers of Constables, etc.

14 of 22 sections shown
s.047 Urinating etc. (opens in a new tab) Prosecution
  • Urinating or defecating in a public placeAny Person

Fine up to £500

s.049 Dangerous and annoying creatures. (opens in a new tab) Prosecution
  • Failure to control dangerous or annoying creaturesAny Person

Fine up to £1,000

s.050 Drunkenness. (opens in a new tab) Prosecution
  • Public drunkenness while in charge of a child or a firearmAny Person

Fine up to £500

s.051 Obscene material. (opens in a new tab) Imprisonment
  • Display, publish, or distribute obscene materialAny Person
s.051 Extreme pornography Imprisonment
  • Possession of extreme pornographic imagesAny Person
s.052 Indecent photographs etc. of children. (opens in a new tab) Imprisonment
  • Create, distribute, or advertise indecent images of childrenAny Person
s.052 Possession of indecent photographs of children. Imprisonment
  • Possession of indecent images of childrenAny Person
s.053 Obstruction by pedestrians. (opens in a new tab) Prosecution
  • Pedestrian obstruction of public passageAny Person

Fine up to £500

s.054 Playing instruments, singing, playing radios, etc. (opens in a new tab) Prosecution
  • Cause annoyance through loud music or noiseAny Person

Fine up to £50

s.055 Touting. (opens in a new tab) Prosecution
  • Aggressive touting or failure to stop touting when askedAny Person

Fine up to £500

s.056 Fires. (opens in a new tab) Prosecution
  • Lighting a fire in a public place that causes danger or alarmAny Person

Fine up to £1,000

s.057 Being in or on building etc. with intent to commit theft. (opens in a new tab) Imprisonment
  • Unauthorised presence on premises with intent to stealAny Person
s.058 Convicted thief in possession. (opens in a new tab) Imprisonment
  • Possession of tools for theft by a person with prior convictionsAny Person
s.060 Powers of search and seizure. (opens in a new tab) Prosecution
  • Obstruct search or fail to stop vehicle for policeAny Person

Fine up to £1,000

8 other sections in this Part — procedural and definitional
s.051 Extreme pornography: excluded images
s.051 Extreme pornography: defences
s.052 Sections 52 and 52A: exceptions for photographs of 16 and 17 year olds
s.052 Section 52B: proof of exceptions
Part 5

Public Processions

4 of 6 sections shown
s.063 Functions of regional and islands councils in relation to processions. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must notify event organisers of procession orders or changesLocal authority
s.064 Appeals against orders under section 63. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Sheriff must determine appeals against procession ordersTribunal / Court
s.065 Offences and enforcement. (opens in a new tab) Imprisonment
  • Organising or participating in an illegal public processionAny Person
s.065 Guidance to local authorities Regulated
Other duties (1) — Crown / regulator
  • Local authorities must follow Scottish Ministers' guidance on civic functionsLocal authority
2 other sections in this Part — procedural and definitional
Part 6

Lost and Abandoned Property

2 of 13 sections shown
Part 7

Property in Possession of Persons Taken into Police Custody

2 of 7 sections shown
s.081 Chief constable to take charge of property. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Chief Constable must manage and record lost or found propertyStatutory regulator
s.082 Provision as to property where the person in custody is the owner etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Police must manage or return property belonging to persons in custodyStatutory regulator
5 other sections in this Part — procedural and definitional
Part 7

Property In Unlawful Possession of Persons Taken Into Police Custody and Certain Other Property to which Part VII does not apply

1 of 10 sections shown
s.086 Duty of care etc. Regulated
Other duties (1) — Crown / regulator
  • Chief constable must care for property and notify potential ownersStatutory regulator
9 other sections in this Part — procedural and definitional
s.086 Application of Part VIIA to property.
s.086 Certification by prosecutor.
s.086 Claims by owner etc. prior to disposal.
s.086 Disposal of relevant property.
s.086 Retention of relevant property by Scottish Police Authority
s.086 Appeals.
s.086 Crown application of Part VIIA.
s.086 Further financial provision.
s.086 References in this Part to “chief constable”.
Part 8

Buildings, etc.

8 of 23 sections shown
s.089 Safety of platforms etc. (opens in a new tab) Prosecution
  • Use of unauthorized raised structures or platformsAny Person

Fine up to £2,500

s.090 Lighting of common stairs etc. (opens in a new tab) Regulated
  • Provide and maintain lighting in common stairs and passagesLandlord
s.092 Cleaning and painting of common stairs, etc. (opens in a new tab) Prosecution
  • Failure to clean or maintain common propertyOccupier

Fine up to £500

s.093 Fire precautions in common stairs etc. (opens in a new tab) Prosecution
  • Fail to comply with a fire safety notice for common areasOccupier

Fine up to £1,000

s.095 Private open spaces. (opens in a new tab) Regulated
  • Maintain private open spaces and boundaries safelyLandlord
s.101 Offences relating to powers of entry and carrying out of works. (opens in a new tab) Prosecution
  • Obstructing local authority access or worksAny Person

Fine up to £1,000

s.105 Contents of notices. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must include specific details in land-related noticesLocal authority
15 other sections in this Part — procedural and definitional
Part 9

Miscellaneous and General

11 of 28 sections shown
s.114 Publication of management rules. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must publish and display management rulesLocal authority
s.115 Inspection and copies of management rules. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must allow public inspection of management rulesLocal authority
s.118 Offences. (opens in a new tab) Prosecution
  • Breach of local authority land management rules or exclusion ordersAny Person

Fine up to £200

s.119 Regulation of charitable collections. (opens in a new tab) Prosecution
  • Organise an unauthorised public charitable collectionAny Person

Fine up to £1,000 · amended 6 times (opens in a new tab)

s.121 Control of the seashore, adjacent waters and inland waters. (opens in a new tab) Prosecution
  • Breach of local seashore or water byelawsAny Person

Fine up to £200 · amended 12 times (opens in a new tab)

s.130 Offences by bodies corporate. (opens in a new tab) Prosecution
  • Personal liability for directors and officers for corporate offencesDirector or Officer

Unlimited fine

17 other sections in this Part — procedural and definitional
Schedules

Schedules

15 of 69 shown
s.002 Control of Sex Shops (opens in a new tab) Regulated
  • Obtain a licence to operate a sex shopAny Person
s.sch001 (1) A holder of a licence may at any time... Regulated
  • Return your licence to the council within 7 days if suspended, revoked, varied, or activity given upLicence Holder
s.sch001 (1) Subject to sub-paragraph (2) below, a person who may,... Regulated
  • Appeal licensing decisions within 28 days after exhausting pre-appeal proceduresAny Person
s.sch001 (1) Where an application for the grant or renewal of... Regulated
Other duties (1) — Crown / regulator
  • Licensing authority must decide licence applications fairly and notify within 7 daysLocal authority
s.sch001 (1) Sub-paragraph (2) applies if— (a) a taxi driver's licence... Prosecution
  • Fail to return taxi or private hire licence after expiry or disqualificationAny Person

Fine up to £1,000

s.sch001 (1) Where there is a material change of circumstances affecting... Regulated
  • Notify licensing authority of material changes to your licence activityLicence Holder
s.sch002 (1) The local authority shall, in accordance with sub-paragraph (2)... Regulated
Other duties (1) — Crown / regulator
  • Local authority must notify licensing decisions within 7 daysLocal authority
s.sch002 The holder of a licence under this Schedule shall keep... Regulated
  • Display your licence copy at the specified locationLicence Holder
s.sch002 (1) A holder of a licence may at any time... Regulated
  • Return licence to local authority within 7 days if revoked, varied, or shop closesLicence Holder
s.sch002 (1) A person who— (a) without reasonable excuse uses any... Prosecution
  • Operating an unlicensed sex shop or breaching licence conditionsAny Person

Fine up to £20,000

s.sch002 (1) Without prejudice to any other provision of this Schedule... Prosecution
  • Obstruct inspection of licensed premisesAny Person

Fine up to £1,000

s.sch002 (1) If a justice of the peace or sheriff is... Prosecution
  • Obstruct entry or search of unlicensed sex shop premisesAny Person

Fine up to £1,000

s.sch002 (1) Subject to sub-paragraph (2) below, a person who may,... Regulated
  • Follow local authority's case-stating procedures before appealing a licence decisionAny Person
s.sch002 Subject to the provision of this Schedule, no person shall... Regulated
  • Obtain a licence to operate a sex shop from the local authorityAny Person
s.sch002a Where the period of retention permitted by paragraph 2 above... Regulated
Other duties (1) — Crown / regulator
  • Chief constable must identify and notify the owner of seized property when retention period expiresCrown / Minister / Government department
54 other schedules
s.sch001 (1) An application to a licensing authority for the grant...
s.sch001 (1) A licensing authority may, at any time, whether or...
s.sch001 (1) A licensing authority may, whether upon a complaint made...
s.sch001 (1) A licensing authority shall, whether upon a complaint made...
s.sch001 (1) A licensing authority shall cause to be kept a...
s.sch001 (1) A licensing authority shall, subject to sub-paragraph (2) below—...
s.sch001 When a licensing authority sends by post, for the purposes...
s.sch001 (1) A licensing authority may determine to accept—
s.sch001 (1) A licensing authority shall, within 10 days of being...
s.sch001 (1) The Scottish Ministers may by regulations make provision as...
s.sch001 (1) A licensing authority may determine that a hearing is...
s.sch001 In this Schedule, “relevant objection or representation” means—
s.sch001 (1) A licensing authority shall, as soon as an application...
s.sch001 (1) In this Schedule “ immigration offence ” means an...
s.sch001 (1) In this Schedule– (a) “booking office licence” means a...
s.sch001 (1) Any objection or representation relating to an application for...
s.sch001 (1) In considering an application for the grant or renewal...
s.sch001 Where a licensing authority have refused an application for the...
s.sch001 (1) A licensing authority may grant a licence to have...
s.sch001 (1) Subject to and in accordance with the provisions of...
s.sch002 Nothing in this Schedule— (a) shall afford a defence to...
s.sch002 (1) Subject to and in accordance with the provisions of...
s.sch002 (1) The local authority may at any time revoke a...
s.sch002 (1) Where there is a material change of circumstances affecting...
s.sch002 (1) A local authority may, at any time, whether or...
s.sch002 (1) A local authority shall cause to be kept a...
s.sch002 (1) A local authority shall, subject to sub-paragraph (2) below—...
s.sch002 (1) In this Schedule “sex shop” means any premises, vehicle,...
s.sch002 When a local authoritysends by post, for the purposes of...
s.sch002 (1) A local authority may determine to accept—
s.sch002 (1) A local authority shall, within 10 days of being...
s.sch002 (1) The Scottish Ministers may by regulations make provision as...
s.sch002 (1) A local authority may determine that a hearing is...
s.sch002 (1) Without prejudice to any enactment other than this Schedule...
s.sch002 In this Schedule— ... “ authorised civilian employee ” means...
s.sch002 (1) Any person who— (a) uses in any area any...
s.sch002 (1) An application for the grant or renewal of a...
s.sch002 (1) An applicant for the grant or renewal of a...
s.sch002 (1) The local authority shall, as soon as an application...
s.sch002 (1) Where an application for the grant or renewal of...
s.sch002a Retention and disposal of property seized under section 54(2A) of this Act
s.sch002a This schedule applies to property seized under section 54(2A) of...
s.sch002a (1) Subject to sub-paragraph (2) below, property to which this...
s.sch002a (1) Subject to section 17(3)(a) of the Police and Fire...
s.sch002a (1) Subject to sub-paragraphs (5) and (6) below, the owner...
s.sch002a (1) Where this sub-paragraph applies, the chief constable may—
s.sch002a (1) A claimant under sub-paragraph (2) of paragraph 5 above...
s.sch002a In this Schedule— “ chief constable ” means the chief...
s.sch003 In Schedule 2 to the Firearms Act 1968 (offences to...
s.sch003 In the Breeding of Dogs Act 1973—
s.sch003 In section 79 of the Public Passenger Vehicles Act 1981...

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