The Antisocial Behaviour etc. (Scotland) Act 2004 (Commencement and Savings) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order appoints various days for the coming into force of the provisions of the Antisocial Behaviour etc. (Scotland) Act 2004 (“the Act”).

Article 2 provides that all the provisions of the Act, so far as not then in force, should come into force on 15th November 2005. The majority of Part 7 (Housing: Antisocial behaviour notices) and Part 8 (Housing: Registration of certain landlords) of the Act will come into force on that date.

Article 3 appoints the following days for the coming into force of various provisions of the Act, namely:

(a)28th October 2004 for the provisions specified in Schedule 1 to this Order which are the majority of Parts 1 to 4 and 6 of the Act, various provisions in Part 10 (Further criminal measures), Part 11 (Fixed penalty notices) and other miscellaneous provisions;

(b)5th November 2004 for the provisions specified in Schedule 2 to this Order which relate to fixed penalty notices under the Environmental Protection Act 1990 (c. 43) and the sale of spray paint to children;

(c)1st December 2004 for the provisions specified in Schedule 3 to this Order which relate to Part 5 (Noise Nuisance);

(d)31st January 2005 for the provisions specified in Schedule 4 to this Order which are mainly about supervision requirements in the children’s hearing system and duties of local authorities; and

(e)4th April 2005 for the provisions specified in Schedule 5 to this Order which relate to restriction of liberty orders, section 13 and Part 9 (Parenting orders).

The Act received Royal Assent on 26th July 2004. Sections 141 and 145 came into force on Royal Assent.