- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Antisocial Behaviour etc. (Scotland) Act 2004. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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.
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):
This section lists the commencement orders yet to be applied to the whole 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. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(a)regulations under section 127 are in force; and
(b)subsection (2) applies,
a constable in uniform may exercise the powers mentioned in subsection (3).
(2)This subsection applies where the constable has reasonable grounds for believing that a motor vehicle—
(a)is being used on any occasion in a manner which—
(i)contravenes section 3 or 34 of the Road Traffic Act 1988 (c. 52) (careless and inconsiderate driving and prohibition of off-road driving); and
(ii)is causing, or is likely to cause, alarm, distress or annoyance to members of the public; or
(b)has been used on any occasion in a manner which—
(i)contravened either of those sections of that Act; and
(ii)caused, or was likely to cause, such alarm, distress or annoyance.
(3)The powers are—
(a)if the motor vehicle is moving, power to order the person driving it to stop the vehicle;
(b)subject to subsection (4), power to seize and remove the motor vehicle;
(c)for the purposes of exercising a power falling within paragraph (a) or (b), power to enter any premises (other than a private dwelling house) on which the constable has reasonable grounds for believing the motor vehicle to be;
(d)power to use reasonable force, if necessary, in the exercise of a power conferred by any of paragraphs (a) to (c).
(4)Subject to subsection (5), the constable shall not seize the motor vehicle unless—
(a)where the case falls within subsection (2)(a)—
(i)the constable has warned the person who is using the motor vehicle in the manner mentioned in that subsection that if the use continues the constable will seize the vehicle; and
(ii)it appears to the constable that, after the warning, the use has continued; or
(b)where the case falls within subsection (2)(b)—
(i)the constable has warned the person who used the motor vehicle in the manner mentioned in that subsection that if the use is repeated, the constable will seize the vehicle; and
(ii)it appears to the constable that, after the warning, the use has been repeated.
(5)Subsection (4) does not require a warning to be given by a constable on any occasion on which the constable would otherwise have the power to seize a motor vehicle under this section if—
(a)the circumstances make it impracticable for the constable to give the warning;
(b)the constable has already on that occasion given a warning under that subsection in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person; or
(c)the constable has reasonable grounds for believing—
(i)that such a warning has been given on that occasion otherwise than by that constable; or
(ii)that the person whose use of that motor vehicle on that occasion would justify the seizure is a person to whom a warning under that subsection has been given (whether or not by that constable or in respect of the same vehicle or the same or a similar use) on a previous occasion in the previous 12 months.
(6)A person who fails to comply with an order under subsection (3)(a) shall be guilty of an offence.
(7)A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(8)In this section—
“driving” has the same meaning as in the Road Traffic Act 1988 (c. 52);
“motor vehicle” means any mechanically propelled vehicle, whether or not it is intended or adapted for use on roads; and
“private dwelling house” does not include—
any garage or other structure occupied with the dwelling house; or
any land appurtenant to the dwelling house.
(1)The Scottish Ministers may by regulations make provision as to—
(a)the removal and retention of motor vehicles seized under section 126; and
(b)the release or disposal of such vehicles.
(2)Regulations under subsection (1) may in particular make provision for or in connection with—
(a)the giving of notice of the seizure of a motor vehicle under section 126 to a person who—
(i)is the owner of that vehicle; or
(ii)in accordance with the regulations, appears to be its owner;
(b)the procedure by which a person who claims to be the owner of a motor vehicle seized under section 126 may seek to have it released;
(c)requiring the payment of fees, charges or other costs in relation to—
(i)the removal and retention of such a motor vehicle; and
(ii)any application for its release;
(d)the circumstances in which a motor vehicle seized under section 126 may be disposed of;
(e)the delivery to a local authority, in circumstances prescribed by or determined in accordance with the regulations, of any motor vehicle seized under section 126.
(3)Regulations under subsection (1) shall provide that a person who would otherwise be liable to pay any fee or charge under the regulations shall not be liable to pay it if—
(a)the use by reference to which the motor vehicle concerned was seized was not a use by that person; and
(i)did not know of the use of the vehicle in the manner that led to its seizure;
(ii)had not consented to its use in that manner; and
(iii)could not, by the taking of reasonable steps, have prevented its use in that manner.
(4)In this section, “motor vehicle” has the same meaning as in section 126.
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.
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.
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
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: