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The Antisocial Behaviour (Fixed Penalty Notice) (Additional Information) (Scotland) Order 2005

S.S.I. 2005/130 · Made 3 March 2005

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.

ANTISOCIAL BEHAVIOUR

Made 3rd March 2005

Laid before the Scottish Parliament 4th March 2005

Coming into force 1st April 2005

The Scottish Ministers, in exercise of the powers conferred by section 130(3)(f) of the Antisocial Behaviour etc. (Scotland) Act 2004f1, and of all other powers enabling them in that behalf, hereby make the following Order:

Annotations to the whole text

Footnotes

f1

2004 (asp 8).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Additional information to be included on a fixed penalty notice
  3. Signature
  4. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Antisocial Behaviour (Fixed Penalty Notice)(Additional Information) (Scotland) Order 2005 and shall come into force on 1st April 2005.

(2)

In this Order–

  • “fixed penalty notice” shall have the same meaning as section 129(2) of the Antisocial Behaviour etc. (Scotland) Act 2004.

2Additional information to be included on a fixed penalty notice

For the purposes of section 130(3)(f) of the Antisocial etc. Behaviour (Scotland) Act 2004 a fixed penalty notice shall include the following other information:

(a)

the name, address and date of birth of the person to whom the fixed penalty notice is given;

(b)

the date and time on which the fixed penalty notice was given;

(c)

the place at which the fixed penalty notice was given;

(d)

the particulars of the constable who gave the fixed penalty notice;

(e)

information connected with the administration of the fixed penalty notice; and

(f)

the method of payment for the fixed penalty.

Signature

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

3rd March 2005

Explanatory note

(This note is not part of the Order)

This Order prescribes the additional information that will be included on a fixed penalty notice given to a person if a constable has reason to believe that that person has committed a fixed penalty offence as defined by section 128(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 (“the 2004 Act”). Section 130 of the 2004 Act provides that a fixed penalty notice shall include the information which is listed in subsection (3)(a) to (e) of that section, and other such information as the Scottish Ministers prescribe.