Search Legislation

Antisocial Behaviour etc. (Scotland) Act 2004

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

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. 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 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):

Commencement Orders yet to be applied to the Antisocial Behaviour etc. (Scotland) Act 2004

 Help about changes and effects
Close

Commencement Orders

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.

Commencement Orders bringing legislation that affects this Act into force:

Part 11 SFixed penalties

Offences to which this Part appliesS

128Fixed penalty offencesS

(1)For the purposes of this Part “fixed penalty offence” means—

(a)an offence under an enactment mentioned in the first column in Part 1 of the following table and described, in general terms, in the second column in that Part;

(b)an offence created in subordinate legislation made under an enactment mentioned in the first column in Part 2 of the table which is of the general description mentioned in the second column in that Part; and

(c)a common law offence mentioned in Part 3 of the table.

Table
Part 1
EnactmentDescription of offence
[F1Section 115 of the Licensing (Scotland) Act 2005 (asp 16)Disorderly conduct while drunk in licensed premises and other relevant premises
Section 116 of the Licensing (Scotland) Act 2005 (asp 16)Refusing to leave licensed and other relevant premises on being requested to do so]
Section 47 of the Civic Government (Scotland) Act 1982 (c. 45)Urinating or defecating in circumstances causing annoyance to others
Section 50(1) of the Civic Government (Scotland) Act 1982 (c. 45)Being drunk and incapable in a public place
Section 50(2) of the Civic Government (Scotland) Act 1982 (c. 45)Being drunk in a public place in charge of a child
Section 54(1) of the Civic Government (Scotland) Act 1982 (c. 45)Persisting, to annoyance of others, in playing musical instruments, singing, playing radios etc. on being required to stop
Section 52(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)Vandalism
Part 2
EnactmentDescription of offence
Sections 201 and 203 of the Local Government (Scotland) Act 1973 (c. 65)Consuming alcoholic liquor in a publicPlace
Part 3
Common law offence
Breach of the peace
Malicious mischief

(2)The Scottish Ministers may by order—

(a)amend an entry in the table;

(b)add an entry to the table;

(c)remove an entry from the table.

(3)An order under subsection (2) may make such amendment of any provision of this Part as the Scottish Ministers consider appropriate in consequence of any amendment of, or addition to or removal from, the table made by the order.

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)

F1Entries in s. 128 Table Pt. 1 substituted (5.00 a.m. on 1.9.2009 with effect as mentioned in art. 1(2) of the amending S.S.I.) by The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), arts. 1(1), 2(1), Sch. 1 para. 10

Fixed penalty notices and penaltiesS

129Fixed penalty noticesS

(1)A constable who has reason to believe that a person aged 16 or over has committed a fixed penalty offence in a prescribed area may give the person a fixed penalty notice in respect of the offence.

(2)In subsection (1)—

  • fixed penalty notice” means a notice offering the opportunity, by paying a fixed penalty in accordance with this Part, to discharge any liability to be convicted of the offence to which the notice relates; and

  • prescribed area” means an area prescribed by the Scottish Ministers by regulations.

130Amount of fixed penalty and form of fixed penalty noticeS

(1)Subject to subsection (2), the penalty payable in respect of a fixed penalty offence is such amount as the Scottish Ministers may specify by order.

(2)The Scottish Ministers may not specify an amount exceeding level 2 on the standard scale.

(3)A fixed penalty notice shall—

(a)state the alleged offence;

(b)give such particulars of the circumstances alleged to constitute the offence as are necessary to provide reasonable information about it;

(c)state the amount of the fixed penalty;

(d)state the clerk of the [F2justice of the peace court] to whom, and the address at which, the fixed penalty may be paid;

(e)inform the person to whom it is given of the right to ask to be tried for the alleged offence and explain how that right may be exercised; and

(f)include such other information as the Scottish Ministers may by order prescribe.

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)

F2Words in s. 130(3)(d) substituted (for specified purposes at 10.3.2008, 2.6.2008, 8.12.2008, 23.2.2009 and 14.12.2009, and otherwise 22.2.2010) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 32(b); S.S.I. 2008/42, art. 3, Sch. (with arts. 4-6); S.S.I. 2008/192, art. 3, Sch; S.S.I. 2008/329, art. 3, Sch; S.S.I. 2008/362, art. 3, Sch.; S.S.I. 2009/432, art. 3, Schs. 1, 2

131Effect of fixed penalty noticeS

(1)This section applies if a fixed penalty notice is given to a person (“A”) under section 129.

(2)Subject to subsection (3), proceedings may not be brought against A.

(3)If A asks to be tried for the alleged offence, proceedings may be brought against A.

(4)Such a request shall be made by a notice given by A—

(a)in the manner specified in the fixed penalty notice; and

(b)before the end of the period of 28 days beginning with the day on which the notice is given.

(5)If, by the end of the period mentioned in paragraph (b) of subsection (4)—

(a)the fixed penalty has not been paid in accordance with this Part; and

(b)A has not made a request in accordance with that subsection,

then A is liable to pay to the clerk of the [F3justice of the peace court] specified in the fixed penalty notice a sum equal to one and a half times the amount of the fixed penalty.

(6)A sum for which A is liable by virtue of subsection (5) shall be treated as if it were a fine imposed by the [F3justice of the peace court] specified in the fixed penalty notice.

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)

F3Words in s. 131(5)(6) substituted (for specified purposes at 10.3.2008, 2.6.2008, 8.12.2008, 23.2.2009 and 14.12.2009, and otherwise 22.2.2010) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 32(b); S.S.I. 2008/42, art. 3, Sch. (with arts. 4-6); S.S.I. 2008/192, art. 3, Sch; S.S.I. 2008/329, art. 3, Sch; S.S.I. 2008/362, art. 3, Sch.; S.S.I. 2009/432, art. 3, Schs. 1, 2

132Payment of fixed penaltyS

(1)The fixed penalty stated in a fixed penalty notice is payable to the clerk of the [F4justice of the peace court] specified in the notice.

(2)Payment of the penalty may be made by properly addressing, pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise).

(3)Subsection (4) applies if a person—

(a)claims to have made payment in accordance with subsection (2); and

(b)shows that a letter was posted.

(4)Unless the contrary is proved, payment is to be regarded as being made at the time at which the letter would be delivered in the ordinary course of post.

(5)Subsection (2) is not to be read as preventing the payment of a penalty by other means.

(6)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)A letter is properly addressed for the purposes of subsection (2) if it is addressed in accordance with the requirements specified in the fixed penalty notice.

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)

F4Words in s. 132(1) substituted (for specified purposes at 10.3.2008, 2.6.2008, 8.12.2008, 23.2.2009 and 14.12.2009, and otherwise 22.2.2010) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 32(b); S.S.I. 2008/42, art. 3, Sch. (with arts. 4-6); S.S.I. 2008/192, art. 3, Sch; S.S.I. 2008/329, art. 3, Sch; S.S.I. 2008/362, art. 3, Sch.; S.S.I. 2009/432, art. 3, Schs. 1, 2

F5S. 132(6) repealed (for specified purposes at 10.3.2008, 2.6.2008, 8.12.2008, 23.2.2009 and 14.12.2009, and otherwise 22.2.2010) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 32(c); S.S.I. 2008/42, art. 3, Sch. (with arts. 4-6); S.S.I. 2008/192, art. 3, Sch; S.S.I. 2008/329, art. 3, Sch; S.S.I. 2008/362, art. 3, Sch.; S.S.I. 2009/432, art. 3, Schs. 1, 2

Revocation of fixed penalty noticesS

133Revocation of fixed penalty noticesS

(1)If—

(a)a fixed penalty notice is given to a person under section 129; and

(b)a constable determines that either of the conditions mentioned in subsection (2) is satisfied,

the constable may revoke the notice.

(2)Those conditions are—

(a)that the offence to which the fixed penalty notice relates was not committed; and

(b)that the notice ought not to have been issued to the person named as the person to whom it was issued.

(3)Where a fixed penalty notice is revoked—

(a)no amount shall be payable by way of fixed penalty in pursuance of that notice; and

(b)any amount paid by way of fixed penalty in pursuance of that notice shall be repaid to the person who paid it.

InterpretationS

134Interpretation of Part 11S

In this Part—

  • fixed penalty notice” has the meaning given by section 129(2); and

  • fixed penalty offence” has the meaning given in section 128(1).

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