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Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Anti social Behaviour Orders) 2003

S.S.I. 2003/319 · Made 18 June 2003

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SHERIFF COURT

Made 18th June 2003

Coming into force 27th June 2003

The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 1971f1 and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the said Act of 1971, do hereby enact and declare:

Annotations to the whole text

Footnotes

f1

1971 c. 58; section 32 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73), Schedule 2, paragraph 12, the Civil Evidence (Scotland) Act 1988 (c. 32), section 2(4), the Children (Scotland) Act 1995 (c. 36), Schedule 4, paragraph 18(2), the Adults with Incapacity (Scotland) Act 2000 (asp 4), schedule 5, paragraph 13, and the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), section 43, and was extended by the Child Support Act 1991 (c. 48), sections 39(2) and 49.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Summary Applications Rules
  3. Signature
  4. Explanatory note

1Citation and commencement

(1)

This Act of Sederunt may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Anti-social Behaviour Orders) 2003, and shall come into force on 27th June 2003.

(2)

This Act of Sederunt shall be inserted in the Books of Sederunt.

2Amendment of the Summary Applications Rules

(1)

The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999f1 is amended in accordance with paragraph (2).

(2)

In Chapter 3 (rules on applications under specific statutes), after Part XXI (Immigration and Asylum Act 1999f2) insert–

“PART XXII

CRIME AND DISORDER ACT 1998

Interpretation

3.22.1

In this Part–

  • “the Act” means the Crime and Disorder Act 1998f3;

  • “interim ASBO” means an ASBO made under section 19(2A) of the Actf4; and

  • “ASBO” means an anti-social behaviour order made under section 19(3) of the Act.

Application for an interim ASBO

3.22.2
(1)

An application for an interim ASBO shall be made by crave in the initial writ in which an ASBO is sought.

(2)

An application for an interim ASBO once craved shall be moved by motion to that effect.

(3)

The sheriff shall not consider an application for an interim ASBO until after service of the initial writ has been effected on the person in respect of whom that application is made.

Intimation of an ASBO

3.22.3

The pursuer shall forthwith intimate the making or recall of an ASBO or an interim ASBO to the relevant Chief Constable.”.

Signature

W DOUGLAS CULLEN

Lord President I.P.D.

Edinburgh

18th June 2003

Explanatory note

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 (“the 1999 Rules”).

Article 2 inserts a new Part XXII into Chapter 3 of the 1999 Rules to provide rules for applications by local authorities or social landlords for anti-social behaviour orders, including interim orders.

In the new Part–

(a)

rule 3.22.1 provides definitions;

(b)

rule 3.22.2 provides that an interim order must be sought as part of an application for a final order, and cannot be considered until after that application has been served on the defender; and

(c)

rule 3.22.3 provides that the grant or recall of an order must be intimated to the Chief Constable for the area of any local authority making an application, or where a social landlord has applied for the area where the defender resides.