Search Legislation

Antisocial Behaviour etc. (Scotland) Act 2004

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Miscellaneous

 Help about opening options

Changes to legislation:

Antisocial Behaviour etc. (Scotland) Act 2004, Cross Heading: Miscellaneous is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

MiscellaneousS

111Restriction on reporting proceedings relating to parenting ordersS

(1)Subject to subsection (2), a person shall be guilty of an offence if the person publishes, anywhere in the world, any matter in respect of relevant proceedings which is intended, or likely to, identify—

(a)the parent concerned in the proceedings (the “person concerned”);

(b)any address as being that of the person concerned;

(c)the child concerned in the proceedings;

(d)any other child—

(i)who is a member of the same household as the person concerned; or

(ii)of whom the person concerned is a parent; or

(e)any—

(i)address; or

(ii)school,

as being that of a child mentioned in paragraph (c) or (d).

(2)In relevant proceedings, the court may, in the interests of justice, order that subsection (1) shall not apply to the proceedings to such extent as the court considers appropriate.

(3)A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4)It shall be a defence for a person charged with an offence under subsection (1) to show that the person—

(a)did not know; and

(b)had no reason to suspect,

that the published matter was intended, or was likely, to identify the person concerned, child, address or school (as the case may be).

(5)Section 46 of the Children and Young Persons (Scotland) Act 1937 (c. 37) shall apply in relation to relevant proceedings only in respect of a person concerned in the proceedings as a witness.

(6)A child in whose interests a parenting order has been made shall be regarded as a person who falls within subsection (1)(a) of section 47 of the Criminal Procedure (Scotland) Act 1995 (c. 46) for the purposes of that section in its application to proceedings in respect of the commission of an offence under section 107(1) in respect of that order.

(7)In this section—

  • programme service” has the meaning given by section 201 of the Broadcasting Act 1990 (c. 42);

  • publishes” includes—

    (a)

    causing to be published; and

    (b)

    publishing in a programme service,

    and “published” shall be construed accordingly; and

  • relevant proceedings” means—

    (a)

    proceedings before a sheriff for the purpose of considering whether to make a parenting order under section 13(1);

    (b)

    proceedings before a sheriff on an application for the making of a parenting order under section 102(1);

    (c)

    proceedings before a sheriff on an application for the variation, or revocation, of a parenting order under section 105(1);

    (d)

    proceedings before a sheriff for the purpose of considering whether to make an order under section 105(5);

    (e)

    an appeal arising from proceedings such as are mentioned in paragraphs (a) to (d).

112Conduct of proceedings by reportersS

(1)The Scottish Ministers may by regulations empower a reporter, whether or not the reporter is an advocate or solicitor, to conduct proceedings—

(a)before a sheriff—

(i)on an application by the Principal Reporter for the making of a parenting order;

(ii)on an application for the variation, or revocation, of a parenting order made on the application of the Principal Reporter, under section 105(1); or

(iii)for the purpose of considering whether to make an order under section 105(5) in respect of a parenting order made on the application of the Principal Reporter; or

(b)before [F1the Sheriff Appeal Court], on any appeal arising from proceedings such as are mentioned in paragraph (a).

(2)Regulations under subsection (1) may prescribe such requirements as the Scottish Ministers think fit as to—

(a)qualifications;

(b)training; or

(c)experience,

necessary for a reporter to be so empowered.

(3)In this section, “reporter” means—

(a)the Principal Reporter; and

(b)any [F2person employed by the Scottish Children’s Reporter Administration to whom there is delegated, under paragraph 10 of schedule 3 to the Children’s Hearings (Scotland) Act 2011 (asp 1), any function of the Principal Reporter.]

113Initial investigations by Principal ReporterS

(1)For the purpose of determining whether to make an application for the making of a parenting order under section 102, the Principal Reporter may make such investigations as the Principal Reporter considers appropriate.

(2)On a request made by the Principal Reporter for the purpose mentioned in subsection (1), a local authority shall supply to the Principal Reporter a report on—

(a)the child in relation to whom the Principal Reporter is determining whether to make the application;

(b)the parent in relation to whom the Principal Reporter is determining whether to make the application; and

(c)such circumstances concerning—

(i)the child; and

(ii)the parent,

as appear to the Principal Reporter to be relevant.

114Power of court to direct Principal Reporter to consider application for parenting orderS

Where, in any proceedings (other than proceedings under section 4 or 102), it appears to a court that it might be appropriate for a parenting order to be made in respect of a parent of a child, the court may require the Principal Reporter to consider whether to apply under section 102 for such an order.

115Guidance about parenting ordersS

A person (other than a court) shall, in discharging functions by virtue of section 13 or this Part, have regard to any guidance given by the Scottish Ministers about—

(a)the discharge of those functions; and

(b)matters arising in connection with the discharge of those functions.

F3116Power of hearing to direct Principal Reporter to consider application for parenting orderS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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