Antisocial Behaviour etc. (Scotland) Act 2004
2004 asp 8 · Enacted 26 July 2004 · Extends to Scotland
An Act of the Scottish Parliament to make provision in connection with antisocial behaviour; to make provision about criminal justice; to make provision in relation to child welfare; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 17th June 2004 and received Royal Assent on 26th July 2004
Contents
- Part 1: Antisocial behaviour strategies
- 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- 11Breach of orders: arrest without warrant Repealed
- 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- 38Offences under section 37: arrest without warrant Repealed
- 39Guidance in relation to closure of premises
- Interpretation
- 40Interpretation of Part 4
- 40AExploitation offences
- 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
- 85AFit and proper person: Level 2 disclosure
- 86Notification of registration or refusal to register
- 87Duty of registered person to provide information to local authority
- 87ADuty of local authority to note decisions of the First-tier Tribunal for Scotland Housing and Property Chamber
- 88Registered person: appointment of agent
- 88AAccess to register
- 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
- 92ZADuty to note refusals and removals
- 92AThe Letting Code
- 92BDuty of certain persons to include landlord registration number in advertisements
- Enforcement
- 93Offences
- 93ADisqualification orders etc.
- 94Circumstances in which no rent to be payable
- 95Notices under section 94: revocation
- 96Notification of revocation of notice
- 97Appeals
- Information
- 97APower to obtain information
- 97BPower to obtain information: service of requirement
- Grants
- 98Grants to local authorities
- Regulations
- 99Regulations about advice and assistance: Part 8
- Guidance
- 99AGuidance
- 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 Repealed
- 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 Repealed
- 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 Repealed
- 136Supervision requirements: duties of local authorities Repealed
- Failure to provide education for excluded pupils
- 137Failure to provide education for excluded pupils: reference Repealed
- 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
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Return etc. of seized equipment
- 6Paragraph 6
- Schedule 2: Penalties for certain environmental offences
- Part 1: Acts
- 1Paragraph 1
- 2Paragraph 2 Repealed
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part 2: Subordinate legislation
- 7Paragraph 7 Repealed
- 8Paragraph 8 Repealed
- Schedule 3: Management control orders
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 4: Minor and consequential amendments
- 1Paragraph 1
- 2Paragraph 2 Repealed
- 3Paragraph 3
- 4Paragraph 4 Repealed
- 5Paragraph 5
- 6Paragraph 6
- Schedule 5Repeals