Introductory Text
Part 1 Antisocial behaviour strategies
1.Antisocial behaviour strategies
2.Reports and information
3.Scottish Ministers' power to apply sections 1 and 2 to registered social landlords
Part 2 Antisocial behaviour orders
Antisocial behaviour orders
4.Antisocial behaviour orders
5.Antisocial behaviour orders: variation and revocation
6.Appeals: effect on competence of application under section 5
Interim antisocial behaviour orders
7.Interim antisocial behaviour orders
Notification of orders
8.Notification of making etc. of orders and interim orders
Breach of orders
9.Breach of orders
10.Breach of orders: prohibition on detention of children
11.Breach of orders: arrest without warrant
Orders in respect of children
12.Sheriff’s power to refer case to children’s hearing
13.Sheriff’s power to make parenting order
Provision of information and records
14.Provision of information to local authorities
15.Records of orders
Guidance and research
16.Guidance in relation to antisocial behaviour orders
17.Arrangement of study into operation of Part
Interpretation
18.Interpretation of Part 2
Part 3 Dispersal of groups
Authorisations and powers
19.Authorisations
20.Authorisations: supplementary
21.Powers exercisable in pursuance of authorisations
22.Powers under section 21: supplementary
23.Guidance in relation to dispersal of groups
24.Operation of Part: arrangement of study
25.Interpretation of Part 3
Part 4 Closure of premises
Closure notices
26.Authorisation of closure notice
27.Service etc.
Closure orders
28.Application to sheriff
29.Closure orders
30.Application: determination
31.Enforcement
32.Extension
33.Revocation
34.Access to other premises
35.Reimbursement of expenditure
36.Appeals
General
37.Offences
38.Offences under section 37: arrest without warrant
39.Guidance in relation to closure of premises
40.Interpretation of Part 4
Part 5 Noise nuisance
Summary procedure for dealing with noise from certain places
41.Application of noise control provisions to local authority areas
42.Revocation or variation of resolution under section 41
Noise control provisions
43.Investigation of excessive noise from certain places
44.Warning notices
45.Offence where noise exceeds permitted level after service of notice
46.Fixed penalty notices
47.Powers of entry and seizure of equipment used to make noise unlawfully
The permitted level
48.Permitted level of noise
Miscellaneous
49.Approval of measuring devices
50.Power to provide funds to local authorities
51.Fixed penalty notices: supplementary
52.Guidance in relation to this Part
53.Meaning of “relevant place” and “relevant property”
54.Interpretation of Part 5
Part 6 The environment
Controlled waste and litter
55.Contraventions of section 33(1)(a) and (c) of 1990 Act: fixed penalty notices
56.Litter: power of constables to issue fixed penalty notices
57.Directions in respect of duty under section 89 of 1990 Act
Graffiti
58.Power of local authority to serve notice about graffiti
59.Power to modify meaning of “relevant surface”
60.Graffiti removal notice: content and service
61.Non-compliance with graffiti removal notice
62.Guidance to local authorities about graffiti removal functions
63.Appeal against graffiti removal notice
64.Appeal against notice under section 61(4)
65.Graffiti removal notice: exemptions from liability
Penalties for environmental offences
66.Increase in penalties for certain environmental offences
67.Interpretation of Part 6
Part 7 Housing: antisocial behaviour notices
Antisocial behaviour notices
68.Antisocial behaviour notices
69.Review of antisocial behaviour notices
70.Internal procedure on review
Failure to comply with notice: sanctions
71.Failure to comply with notice: order as to rental income
72.Appeals against orders under section 71
73.Orders under section 71: revocation and suspension
74.Failure to comply with notice: management control order
75.Management control order: notification
76.Management control order: revocation
77.Management control order: notification of revocation
78.Failure to comply with notice: action by authority at landlord’s expense
79.Failure to comply with notice: offence
Regulations
80.Regulations about advice and assistance: Part 7
81.Interpretation of Part 7
Part 8 Housing: registration of certain landlords
Registration
82.Registers
83.Application for registration
84.Registration
85.Section 84: considerations
86.Notification of registration or refusal to register
87.Duty of registered person to provide information to local authority
88.Registered person: appointment of agent
89.Removal from register
90.Notification of removal from register: registered person
91.Notification of removal from register: other persons
92.Appeal against refusal to register or removal from register
Enforcement
93.Offences
94.Circumstances in which no rent to be payable
95.Notices under section 94: revocation
96.Notification of revocation of notice
97.Appeals
Grants
98.Grants to local authorities
99.Regulations about advice and assistance: Part 8
Amendment of Housing (Scotland) Act 1988
100.Amendment of Housing (Scotland) Act 1988
101.Interpretation of Part 8
Part 9 Parenting orders
Applications
102.Applications
Parenting orders
103.Parenting orders
Matters following making of order
104.Notification of making of order
105.Review of order
106.Appeals
107.Failure to comply with order
General requirements
108.Procedural requirements
109.General considerations relating to making, varying and revoking order
110.Account to be taken of religion, work and education
111.Restriction on reporting proceedings relating to parenting orders
112.Conduct of proceedings by reporters
113.Initial investigations by Principal Reporter
114.Power of court to direct Principal Reporter to consider application for parenting order
115.Guidance about parenting orders
116.Power of hearing to direct Principal Reporter to consider application for parenting order
117.Interpretation of Part 9
Part 10 Further criminal measures
118.Antisocial behaviour orders
119.Records of antisocial behaviour orders made in criminal courts
Community reparation orders
120.Community reparation orders
Restriction of liberty orders
121.Restriction of liberty orders
Sale of spray paint to children
122.Offence of selling spray paint to child
123.Requirement to display warning statement
124.Offences under sections 122 and 123: enforcement
125.Offences under sections 122 and 123: powers of entry, inspection and seizure
Seizure of vehicles
126.Vehicles used in manner causing alarm, distress or annoyance
127.Retention etc. of vehicles seized under section 126
Part 11 Fixed penalties
Offences to which this Part applies
128.Fixed penalty offences
Fixed penalty notices and penalties
129.Fixed penalty notices
130.Amount of fixed penalty and form of fixed penalty notice
131.Effect of fixed penalty notice
132.Payment of fixed penalty
Revocation of fixed penalty notices
133.Revocation of fixed penalty notices
134.Interpretation of Part 11
Part 12 Children’s hearings
Supervision requirements
135.Supervision requirements: conditions restricting movement
136.Supervision requirements: duties of local authorities
Failure to provide education for excluded pupils
137.Failure to provide education for excluded pupils: reference
Part 13 Miscellaneous and general
138.Privacy of certain proceedings
139.Disclosure and sharing of information
140.Equal opportunities
141.Orders and regulations
142.Directions
143.Interpretation: “antisocial behaviour” and other expressions
144.Minor and consequential amendments and repeals
145.Short title and commencement
SCHEDULE 1
Powers in relation to equipment seized under section 47
1.Interpretation
2.Retention
3.Forfeiture
4.Consequences of forfeiture
5.Return etc. of seized equipment
6.(1) Where in the case of any seized equipment no...
SCHEDULE 2
Penalties for certain environmental offences
Part 1 Acts
1.The Sewerage (Scotland) Act 1968 (c. 47)
2.The Control of Pollution Act 1974 (c. 40)
3.The Water (Scotland) Act 1980 (c. 45)
4.The Environmental Protection Act 1990 (c. 43)
5.The Pollution Prevention and Control Act 1999 (c. 24)
6.The Water Environment and Water Services (Scotland) Act 2003 (asp 3)
Part 2 Subordinate legislation
7.The Pollution Prevention and Control (Scotland) Regulations 2000 (S.S.I. 2000/323)
8.The Landfill (Scotland) Regulations 2003 (S.S.I. 2003/235)
SCHEDULE 3
Management control orders
1.Application and interpretation
2.Effect of order
3.Accounts
4.Recovery of rent arrears etc.
5.Delegation of management functions
6.New tenancies and occupancy arrangements
SCHEDULE 4
Minor and consequential amendments
1.The Social Work (Scotland) Act 1968 (c. 49)
2.The Housing (Scotland) Act 1987 (c. 26)
3.The Environmental Protection Act 1990 (c. 43)
4.The Children (Scotland) Act 1995 (c. 36)
5.The Criminal Procedure (Scotland) Act 1995 (c. 46)
6.The Housing (Scotland) Act 2001 (asp 10)
SCHEDULE 5
Repeals