Antisocial Behaviour etc. (Scotland) Act 2004

Part 1Antisocial behaviour strategies

1Antisocial behaviour strategies

2Reports and information

3Scottish Ministers' power to apply sections 1 and 2 to registered social landlords

Part 2Antisocial 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

18Interpretation of Part 2

Part 3Dispersal 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

25Interpretation of Part 3

Part 4Closure of premises

Closure notices

26Authorisation of closure notice

28Application to sheriff

29Closure orders

30Application: determination

34Access to other premises

35Reimbursement of expenditure

38Offences under section 37: arrest without warrant

39Guidance in relation to closure of premises

40Interpretation of Part 4

40AExploitation offences

Part 5Noise 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

49Approval of measuring devices

50Power to provide funds to local authorities

51Fixed penalty notices: supplementary

52Guidance in relation to this Part

53Meaning of “relevant place” and “relevant property”

54Interpretation of Part 5

Part 6The 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

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

67Interpretation of Part 6

Part 7Housing: 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

80Regulations about advice and assistance: Part 7

81Interpretation of Part 7

Part 8Housing: registration of certain landlords

83Application for registration

85Section 84: considerations

85AFit and proper person: criminal record certificate

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 private rented housing committee

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

93ADisqualification orders etc.

94Circumstances in which no rent to be payable

95Notices under section 94: revocation

96Notification of revocation of notice

97APower to obtain information

97BPower to obtain information: service of requirement

98Grants to local authorities

99Regulations about advice and assistance: Part 8

Amendment of Housing (Scotland) Act 1988

100Amendment of Housing (Scotland) Act 1988

101Interpretation of Part 8

Part 9Parenting orders

102Applications

Parenting orders

103Parenting orders

Matters following making of order

104Notification of making of order

105Review of order

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

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

117Interpretation of Part 9

Part 10Further 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 11Fixed 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

134Interpretation of Part 11

Part 12Children’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 13Miscellaneous and general

138Privacy of certain proceedings

139Disclosure and sharing of information

140Equal opportunities

141Orders and regulations

143Interpretation: “antisocial behaviour” and other expressions

144Minor and consequential amendments and repeals

145Short title and commencement

SCHEDULE 1Powers in relation to equipment seized under section 47

1In this schedule— (a) “noise offence” means, in relation to...

2(1) Any seized equipment may be retained—

3(1) Where a person is convicted of a noise offence...

4(1) Where any equipment has been forfeited under paragraph 3,...

5Return etc. of seized equipment

6(1) Where in the case of any seized equipment no...

SCHEDULE 2Penalties for certain environmental offences

1(1) The Sewerage (Scotland) Act 1968 shall be amended as...

2(1) The Control of Pollution Act 1974 shall be amended...

3Section 75 of the Water (Scotland) Act 1980 (penalty for...

4(1) The 1990 Act shall be amended as follows.

5In paragraph 25(2)(a)(ii) of Schedule 1 to the Pollution Prevention...

6In paragraph 20(2)(a)(ii) of schedule 2 to the Water Environment...

Part 2Subordinate legislation

7In paragraph (2)(a) of regulation 30 of the Pollution Prevention...

8In paragraph (2)(a) of regulation 19 of the Landfill (Scotland)...

SCHEDULE 3Management control orders

1(1) Paragraphs 2 to 6 apply while an order is...

2The order shall not affect the rights or liabilities of...

3(1) The local authority shall pay to such relevant person...

4If during the management period— (a) rent payable; or

5The local authority may authorise any person to do in...

6(1) Where— (a) the house to which an order relates...

SCHEDULE 4Minor and consequential amendments

1In section 27 of the Social Work (Scotland) Act 1968...

2In subsection (2C)(c) of section 31 of the Housing (Scotland)...

3After section 81(3) of the Environmental Protection Act 1990 (power...

4(1) The Children (Scotland) Act 1995 shall be amended as...

5(1) The Criminal Procedure (Scotland) Act 1995 shall be amended...

6(1) The Housing (Scotland) Act 2001 shall be amended as...

SCHEDULE 5Repeals

Antisocial Behaviour etc. (Scotland) Act 2004

2004 asp 8

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