The Scottish Government

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This document is provided to assist in the application of the new statutory nuisance provisions contained in the Public Health etc (Scotland) Act 2008. It should be read in conjunction with the Environmental Protection Act 1990 and Part 9 of the Public Health etc Scotland) Act 2008.

This document is primarily procedural advice for the attention of the Environmental Health officers and other local authority officials who investigate Statutory Nuisance complaints.

It provides procedural advice on the provisions of Part 9 of the Public Health etc (Scotland) Act 2008, which are scheduled for commencement in January 2009.

It also provides procedural guidance on existing Statutory Nuisance provisions within the Environmental Protection Act 1990 and on other matters which raise similar issues to statutory nuisances but which are dealt with by other existing legislation.

This document also includes examples of Case Law ( in italics), which are for illustrative purposes only, and are not intended nor can be construed to be the Scottish Government's view or advice on interpretation of the Statutory Nuisance provisions. This is for local authority solicitors and ultimately the Scottish Courts to determine.

The consultation will run from 15th October to 12 ^th December 2008.

The Scottish Government intend to run implementation seminars in late January 2009 for EHOs in conjunction with REHIS and EPUK(S) to accompany the commencement of these new provisions and publication of this procedural guidance.

Responding to this consultation paper

We are inviting written responses to this consultation paper by 12 ^th December 2008. Please send your responses to :

Duncan.McNab@scotland.gsi.gov.uk Or

Duncan McNab

Respondent Information Form

Please complete the details on the Respondent Information Form below. This will help ensure we handle your response appropriately.

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