Royal Arms Antisocial Behaviour etc. (Scotland) Act 2004

2004 asp 8


 

© Crown Copyright 2004

Acts of the Scottish Parliament printed from this website are printed under the superintendence and authority of the Queen’s Printer for Scotland.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Acts does not extend to the Queen's Printer for Scotland imprints which should be removed from any copies of Act which are issued or made available to the public. This includes reproduction of the Act on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Act is published by the Queen's Printer for Scotland and has been prepared to reflect the text as it received Royal Assent. A print version is also available and is published by The Stationery Office Limited as the Antisocial Behaviour etc. (Scotland) Act 2004, ISBN 0 10 590069 9. The print version may be purchased by clicking here. Braille copies of this Act can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.service@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.


   
Antisocial Behaviour etc. (Scotland) Act 2004

2004 asp 8

 
 
 
CONTENTS

PART 1
ANTISOCIAL BEHAVIOUR STRATEGIES
Section 
1Antisocial behaviour strategies
2Reports and information
3Scottish Ministers' power to apply sections 1 and 2 to registered social landlords

PART 2
ANTISOCIAL BEHAVIOUR ORDERS
Antisocial behaviour orders
4Antisocial behaviour orders
5Antisocial behaviour orders: variation and revocation
6Appeals: effect on competence of application under section 5

Interim antisocial behaviour orders
7Interim antisocial behaviour orders

Notification of orders
8Notification of making etc. of orders and interim orders

Breach of orders
9Breach of orders
10Breach of orders: prohibition on detention of children   *
11Breach of orders: arrest without warrant

Orders in respect of children
12Sheriff's power to refer case to children's hearing
13Sheriff's power to make parenting order

Provision of information and records
14Provision of information to local authorities
15Records of orders

Guidance and research
16Guidance in relation to antisocial behaviour orders
17Arrangement of study into operation of Part

Interpretation
18Interpretation of Part 2

PART 3
DISPERSAL OF GROUPS
Authorisations and powers
19Authorisations
20Authorisations: supplementary
21Powers exercisable in pursuance of authorisations
22Powers under section 21: supplementary

Guidance and research
23Guidance in relation to dispersal of groups
24Operation of Part: arrangement of study

Interpretation
25Interpretation of Part 3

PART 4
CLOSURE OF PREMISES
Closure notices
26Authorisation of closure notice
27Service etc.

Closure orders
28Application to sheriff
29Closure orders
30Application: determination
31Enforcement
32Extension
33Revocation
34Access to other premises
35Reimbursement of expenditure
36Appeals

General
37Offences
38Offences under section 37: arrest without warrant
39Guidance in relation to closure of premises

Interpretation
40Interpretation of Part 4

PART 5
NOISE NUISANCE
Summary procedure for dealing with noise from certain places
41Application of noise control provisions to local authority areas
42Revocation or variation of resolution under section 41

Noise control provisions
43Investigation of excessive noise from certain places
44Warning notices
45Offence where noise exceeds permitted level after service of notice
46Fixed penalty notices
47Powers of entry and seizure of equipment used to make noise unlawfully

The permitted level
48Permitted level of noise

Miscellaneous
49Approval of measuring devices
50Power to provide funds to local authorities
51Fixed penalty notices: supplementary
52Guidance in relation to this Part

Interpretation
53Meaning of "relevant place" and "relevant property"
54Interpretation of Part 5

PART 6
THE ENVIRONMENT
Controlled waste and litter
55Contraventions of section 33(1)(a) and (c) of 1990 Act: fixed penalty notices
56Litter: power of constables to issue fixed penalty notices
57Directions in respect of duty under section 89 of 1990 Act

Graffiti
58Power of local authority to serve notice about graffiti
59Power to modify meaning of "relevant surface"
60Graffiti removal notice: content and service
61Non-compliance with graffiti removal notice
62Guidance to local authorities about graffiti removal functions
63Appeal against graffiti removal notice
64Appeal against notice under section 61(4)
65Graffiti removal notice: exemptions from liability

Penalties for environmental offences
66Increase in penalties for certain environmental offences

Interpretation
67Interpretation of Part 6

PART 7
HOUSING: ANTISOCIAL BEHAVIOUR NOTICES
Antisocial behaviour notices
68Antisocial behaviour notices
69Review of antisocial behaviour notices
70Internal procedure on review

Failure to comply with notice: sanctions
71Failure to comply with notice: order as to rental income
72Appeals against orders under section 71
73Orders under section 71: revocation and suspension
74Failure to comply with notice: management control order
75Management control order: notification
76Management control order: revocation
77Management control order: notification of revocation
78Failure to comply with notice: action by authority at landlord's expense
79Failure to comply with notice: offence

Regulations
80Regulations about advice and assistance: Part 7

Interpretation
81Interpretation of Part 7

PART 8
HOUSING: REGISTRATION OF CERTAIN LANDLORDS
Registration
82Registers
83Application for registration
84Registration
85Section 84: considerations
86Notification of registration or refusal to register
87Duty of registered person to provide information to local authority
88Registered person: appointment of agent
89Removal from register
90Notification of removal from register: registered person
91Notification of removal from register: other persons
92Appeal against refusal to register or removal from register

Enforcement
93Offences
94Circumstances in which no rent to be payable
95Notices under section 94: revocation
96Notification of revocation of notice
97Appeals

Grants
98Grants to local authorities

Regulations
99Regulations about advice and assistance: Part 8

Amendment of Housing (Scotland) Act 1988
100Amendment of Housing (Scotland) Act 1988

Interpretation
101Interpretation of Part 8

PART 9
PARENTING ORDERS
Applications
102Applications

Parenting orders
103Parenting orders

Matters following making of order
104Notification of making of order
105Review of order
106Appeals
107Failure to comply with order

General requirements
108Procedural requirements
109General considerations relating to making, varying and revoking order
110Account to be taken of religion, work and education

Miscellaneous
111Restriction on reporting proceedings relating to parenting orders
112Conduct of proceedings by reporters
113Initial investigations by Principal Reporter
114Power of court to direct Principal Reporter to consider application for parenting order
115Guidance about parenting orders
116Power of hearing to direct Principal Reporter to consider application for parenting order

Interpretation
117Interpretation of Part 9

PART 10
FURTHER CRIMINAL MEASURES
Antisocial behaviour orders
118Antisocial behaviour orders
119Records of antisocial behaviour orders made in criminal courts

Community reparation orders
120Community reparation orders

Restriction of liberty orders
121Restriction of liberty orders

Sale of spray paint to children
122Offence of selling spray paint to child
123Requirement to display warning statement
124Offences under sections 122 and 123: enforcement
125Offences under sections 122 and 123: powers of entry, inspection and seizure

Seizure of vehicles
126Vehicles used in manner causing alarm, distress or annoyance
127Retention etc. of vehicles seized under section 126

PART 11
FIXED PENALTIES
Offences to which this Part applies
128Fixed penalty offences

Fixed penalty notices and penalties
129Fixed penalty notices
130Amount of fixed penalty and form of fixed penalty notice
131Effect of fixed penalty notice
132Payment of fixed penalty

Revocation of fixed penalty notices
133Revocation of fixed penalty notices

Interpretation
134Interpretation of Part 11

PART 12
CHILDREN'S HEARINGS
Supervision requirements
135Supervision requirements: conditions restricting movement
136Supervision requirements: duties of local authorities

Failure to provide education for excluded pupils
137Failure to provide education for excluded pupils: reference

PART 13
MISCELLANEOUS AND GENERAL
Miscellaneous
138Privacy of certain proceedings
139Disclosure and sharing of information
140Equal opportunities

General
141Orders and regulations
142Directions
143Interpretation: "antisocial behaviour" and other expressions
144Minor and consequential amendments and repeals
145Short title and commencement
 

 
    Schedule 1-Powers in relation to equipment seized under section 47
    Schedule 2-Penalties for certain environmental offences
    Part 1-Acts
    Part 2-Subordinate legislation
    Schedule 3-Management control orders
    Schedule 4-Minor and consequential amendments
    Schedule 5-Repeals
 
* Amended by correction slip
 


  continue
 
 
 
 

Explanatory Note
 
 
 
  Other Acts of the Scottish Parliament |  Home |  Acts of the UK Parliament | 
Her Majesty's Stationery Office

We welcome your comments on this site
© Crown copyright 2004
Prepared 9 August 2004