Part 4Closure of premises

Closure notices

26Authorisation of closure notice

1

Subject to subsections (2) and (3), a senior police officer may authorise the service of a notice (a “closure notice”) prohibiting access to premises by any person other than—

a

a person who habitually resides in the premises; or

b

the owner of the premises.

2

The Scottish Ministers may by regulations specify premises or descriptions of premises in respect of which an authorisation under subsection (1) may not be given.

3

A senior police officer may authorise the service of a closure notice only where the senior police officer—

a

has reasonable grounds for believing that—

i

at any time during the immediately preceding 3 months a person has engaged in antisocial behaviour on the premises; and

ii

the use of the premises is associated with the occurrence of relevant harm; and

b

is satisfied that—

i

the local authority for the area in which the premises are situated has been consulted; and

ii

reasonable steps have been taken to establish the identity of any person who lives on, has control of, has responsibility for or has an interest in the premises.

4

An authorisation given under subsection (1) shall, if given orally, be confirmed by the senior police officer in writing as soon as is practicable.

27Service etc.

1

This section applies where the service of a closure notice in respect of premises is authorised under section 26(1).

2

The closure notice shall be served by a constable who shall do so by—

a

fixing a copy of the notice to—

i

at least one prominent place on the premises;

ii

each normal means of access to the premises; and

iii

any outbuildings that appear to the constable to be used with or as part of the premises; and

b

giving a copy of the notice to—

i

each person identified in pursuance of section 26(3)(b)(ii); and

ii

every other person appearing to the constable to be a person of a description mentioned in that subsection.

3

If after having made reasonable enquiries at the time of serving the closure notice under subsection (2) the constable believes that the access of any person who occupies—

a

any other part of the building; or

b

any other structure,

in which the premises are situated would be impeded by the making of an order under section 30, the constable shall give a copy of the notice to that person.

4

Failure to comply with subsection (2)(b) or (3) shall not affect the validity of the closure notice.

5

The closure notice shall—

a

specify the premises to which it relates;

b

state that access to the premises by any person other than—

i

a person who habitually resides in the premises; or

ii

the owner of the premises,

is prohibited;

c

state that failure to comply with the notice amounts to an offence;

d

state that an application is to be made under section 28 for the closure of the premises;

e

specify such matters about that application as may be prescribed in rules of court;

f

explain the effects of an order made under section 30; and

g

give information about the names of, and means of contacting, persons who and organisations which provide advice about housing and legal matters in the locality of the premises.