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.