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Antisocial Behaviour etc. (Scotland) Act 2004
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- 2004 asp 8
- Part 11
- Offences to which this Part applies
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Changes over time for: Cross Heading: Offences to which this Part applies
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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):
- s. 40A inserted by 2010 asp 13 s. 99(7)
- s. 85A inserted by 2011 asp 14 s. 2
- s. 87A inserted by 2006 asp 1 s. 176(6)
- s. 88A inserted by 2006 asp 1 s. 176(7)
- s. 88A(1)(a)(i) words substituted by 2011 asp 14 s. 5(1)(b)
- s. 88A(1)(a)(zi) inserted by 2011 asp 14 s. 5(1)(a)
- s. 88A(1)(b) word inserted by 2011 asp 14 s. 5(1)(c)(i)
- s. 88A(1)(b)(ii) and word inserted by 2011 asp 14 s. 5(1)(c)(ii)
- s. 92A inserted by 2006 asp 1 s. 175(3)
- s. 92B inserted by 2011 asp 14 s. 6
- s. 92ZA inserted by 2011 asp 14 s. 5(2)
- s. 93A inserted by 2011 asp 14 s. 8
- s. 97A 97B and cross-heading inserted by 2011 asp 14 s. 9
- s. 99A and cross-heading inserted by 2011 asp 14 s. 10
Commencement Orders yet to be applied to the Antisocial Behaviour etc. (Scotland) Act 2004:
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 provisions within this Act into force:
- S.S.I. 2004/420 art. 2 3 commences (2004 asp 8)
- S.S.I. 2006/104 art. 2 amendment to earlier commencing SSI 2004/420 art. 2
Commencement Orders bringing legislation that affects this Act into force:
- S.S.I. 2005/553 art. 2 amendment to earlier commencing SSI 2004/420
- S.S.I. 2006/14 art. 2 commences (2006 asp 1)
- S.S.I. 2006/104 art. 2 amendment to earlier commencing SSI 2004/420 art. 2
- S.S.I. 2006/395 art. 2 commences (2006 asp 1)
- S.S.I. 2007/270 art. 3 commences (2006 asp 1)
- S.S.I. 2007/479 art. 3 commences (2007 asp 6)
- S.S.I. 2007/527 art. 2 amendment to earlier commencing SSI 2007/479
- S.S.I. 2008/42 art. . 3 Sch. commences (2007 asp 6)
- S.S.I. 2008/192 art. 3 Sch. commences (2007 asp 6)
- S.S.I. 2008/329 art. 3 Sch. commences (2007 asp 6)
- S.S.I. 2008/362 art. 3 Sch. commences (2007 asp 6)
- S.S.I. 2009/116 art. 3 Sch. commences (2007 asp 6)
- S.S.I. 2009/238 art. 1 revocation of earlier commencing SSI 2009/116
- S.S.I. 2009/432 art. 3 Sch. 1 2 commences (2007 asp 6)
- S.S.I. 2010/159 art. 3 commences (2006 asp 1)
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
- S.S.I. 2011/270 art. 1 2 commences (2011 asp 14)
- S.S.I. 2012/20 art. 2 commences (2012 asp 1)
- S.S.I. 2012/39 art. 2 Sch. commences (2010 asp 17)
Prospective
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
| Enactment | Description of offence |
|---|---|
| Section 78 of the Licensing (Scotland) Act 1976 (c. 66) | Riotous behaviour while drunk in licensed premises |
| Section 79 of the Licensing (Scotland) Act 1976 (c. 66) | Refusing to leave licensed 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
| Enactment | Description 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.
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