Search Legislation

Antisocial Behaviour etc. (Scotland) Act 2004

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Antisocial Behaviour etc. (Scotland) Act 2004, Part 1 is up to date with all changes known to be in force on or before 16 February 2019. 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.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

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

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

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

Part 1SAntisocial behaviour strategies

1Antisocial behaviour strategiesS

(1)Each local authority and [F1the] chief constable shall, acting jointly, prepare a strategy for dealing with antisocial behaviour in the authority’s area.

(2)Each local authority shall publish the strategy.

(3)The strategy shall in particular—

(a)set out an assessment of the extent of occurrences of antisocial behaviour in the authority’s area;

(b)set out an assessment of the types of antisocial behaviour occurring in the authority’s area;

(c)specify arrangements for consulting community bodies and other persons (including in particular young persons) in each part of the authority’s area in which there are (or are likely to be) occurrences of antisocial behaviour, about how to deal with antisocial behaviour in the part;

(d)specify the range and availability in the authority’s area of any services—

(i)for persons under the age of 16 years; and

(ii)for persons generally,

which are designed to deal with antisocial behaviour occurring there, the consequences of such behaviour or the prevention of such behaviour;

(e)in so far as not specified under paragraph (d), specify the range and availability in the authority’s area of any services for—

(i)victims of antisocial behaviour;

(ii)persons who witness occurrences of antisocial behaviour; and

(iii)the provision of mediation in relation to disputes arising from antisocial behaviour; and

(f)make provision about—

(i)how the authority and the F2... chief constable are to co-ordinate the discharge of their functions in so far as they may be discharged in relation to antisocial behaviour in the authority’s area;

(ii)the exchange of information relating to such behaviour between the authority and the F3... chief constable;

(iii)the giving by the authority and the F4... chief constable of information of that kind to such other persons as appear to the authority and the chief constable to have an interest in dealing with antisocial behaviour and the receipt by the authority and the chief constable of information of that kind from those other persons; and

(iv)the exchange of information relating to antisocial behaviour among such other persons as are mentioned in sub-paragraph (iii).

(4)The local authority and the F5... chief constable—

(a)shall keep the strategy under review; and

(b)may from time to time revise the strategy.

(5)If a strategy is revised under subsection (4), the local authority shall publish the revised strategy.

(6)In preparing, reviewing and revising the strategy, the local authority shall consult—

(a)the Principal Reporter;

(b)registered social landlords which provide or manage property in the authority’s area; and

(c)such community bodies and other persons as the local authority considers appropriate.

(7)In considering which persons to consult, the local authority shall seek to include those who are representative of persons adversely affected by antisocial behaviour.

(8)Each local authority and F6... chief constable shall, in discharging functions under this section and in implementing a strategy as published under it, have regard to any guidance issued by the Scottish Ministers about those matters.

(9)Before issuing any such guidance, the Scottish Ministers shall consult such persons as they see fit.

(10)For the purposes of subsection (1), the Scottish Ministers may by directions require such persons as appear to them to hold information relating to antisocial behaviour to supply—

(a)such information as may be specified in the direction; or

(b)information of a description specified in the direction,

to a local authority and F7... chief constable.

(11)In this section—

  • community bodies” has the meaning given by section 15(4) of the Local Government in Scotland Act 2003 (asp 1); and

  • [F8chief constable” means the chief constable of the Police Service of Scotland.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Word in s. 1(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 24(2)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F2Word in s. 1(3)(f)(i) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F3Word in s. 1(3)(f)(ii) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F4Word in s. 1(3)(f)(iii) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F5Word in s. 1(4) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F6Word in s. 1(8) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F7Word in s. 1(10) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F8Words in s. 1(11) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 24(2)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

2Reports and informationS

(1)Subject to subsection (3)(b), each local authority shall from time to time publish reports on—

(a)how the authority and the F9... chief constable have implemented the strategy as published under section 1(2) or (5); and

(b)what were the results of that implementation.

(2)It shall be the duty of—

(a)the F10... chief constable;

(b)the Principal Reporter; and

(c)any registered social landlord which provides or manages property within the area of the local authority that published the strategy,

to provide such information as the authority may reasonably require in order to enable the authority to comply with the duty under subsection (1).

(3)The Scottish Ministers may by regulations make provision as to—

(a)the form and content of reports under subsection (1); and

(b)the frequency and timing of publication of such reports.

(4)Before making regulations under subsection (3) the Scottish Ministers shall consult—

(a)such associations of local authorities; and

(b)such other persons,

as they think fit.

(5)A local authority shall, on being so required by the Scottish Ministers, provide them with reports or other information (being reports or information about the matters referred to in subsection (1)) of such kind as they specify in the requirement.

(6)In this section “[F11 chief constable ]” has the same meaning as in section 1.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F9Word in s. 2(1)(a) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F10Word in s. 2(2)(a) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F11Words in s. 2(6) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 24(3); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

3Scottish Ministers' power to apply sections 1 and 2 to registered social landlordsS

(1)The Scottish Ministers may make regulations for the purpose of securing the participation of a registered social landlord in the preparation, review or revision of a strategy such as is mentioned in section 1(1).

(2)Regulations under subsection (1) may in particular make such modifications of sections 1(1), (3), (4), (6) and (8) and 2(1) as the Scottish Ministers consider necessary or expedient for that purpose.

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 Executive department responsible for the subject matter of the Act 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

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