Search Legislation

Criminal Justice (Scotland) Act 2003

Status:

This is the original version (as it was originally enacted).

45Application by registered social landlord for anti-social behaviour order

This section has no associated Explanatory Notes

(1)The Crime and Disorder Act 1998 (c. 37) is amended as follows.

(2)In section 19 (anti-social behaviour orders)—

(a)in subsection (1)—

(i)for the word “local” there is substituted “relevant”;

(ii)in paragraph (a), the words “in the authority’s area” are repealed; and

(iii)in paragraph (b), for the words “persons in the authority’s area” there is substituted “relevant persons”;

(b)in subsection (3), for the words “persons in the area of the local authority” there is substituted “relevant persons”;

(c)in subsection (6), for the word “local” there is substituted “relevant”; and

(d)for subsection (8) there is substituted—

(8)In this section and section 21 below—

  • “relevant authority”means—

    (a)

    a local authority (that is to say, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39)); or

    (b)

    a body registered in the register maintained under section 57 of the Housing (Scotland) Act 2001 (asp 10) (the register of social landlords);

  • “relevant person”means, in relation to an application by—

    (a)

    a local authority, a person in the area of that authority;

    (b)

    a registered social landlord—

    (i)

    a person residing in, or otherwise on or likely to be on, premises provided or managed by that landlord; or

    (ii)

    a person in, or likely to be in, the vicinity of such premises;

    and any reference to the area of a local authority is a reference to the local government area (within the meaning of the said Act of 1994) for which that authority is constituted..

(3)In section 21 (procedural provisions with respect to orders)—

(a)in subsection (1), for the words “ the local” there is substituted “a relevant”;

(b)in subsection (2)—

(i)for the word “the” where it first occurs there is substituted “a”; and

(ii)for the words “the order is sought is for the time being” there is substituted “the application is to be made resides or appears to reside”;

(c)after subsection (2) there is inserted—

(2A)Before making an application under section 19(1) above or subsection (7)(b)(i) below, a registered social landlord shall provide notification of its intention to do so to the local authority within whose area the person in respect of whom the application is to be made resides or appears to reside.;

(d)in subsection (3)—

(i)the existing words from “the area of which” to the end become paragraph (a); and

(ii)after that paragraph there is added the word “or” and the following paragraph—

(b)as the case may be, the place where the person in relation to whom the application is to be made by the registered social landlord resides or appears to reside; and

(e)in subsection (7)(b)(i), after the word “constable” there is inserted “or registered social landlord”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources