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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.
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(1)Any power conferred by this Act on the Scottish Ministers to make orders or regulations shall be exercisable by statutory instrument.
(2)Any power conferred by this Act on the Scottish Ministers to make orders or regulations—
(a)may be exercised so as to make different provision for different cases or descriptions of case or for different purposes; and
(b)includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Scottish Ministers consider appropriate.
(3)A statutory instrument containing an order or regulations made under this Act (other than an order under section 145(2)) shall, subject to subsection (4), be subject to annulment in pursuance of a resolution of the Scottish Parliament.
(4)A statutory instrument containing—
(a)an order under section 53(1), 59(1), 68(6), 83(7), 103(3), 128(2) or 139(7); or
(b)regulations under section 26(2),
shall not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.
(1)Any power conferred by virtue of this Act on the Scottish Ministers to give a direction shall include power to vary or revoke the direction.
(2)Any direction given by virtue of this Act by the Scottish Ministers shall be in writing.
(1)For the purposes of this Act (other than Parts 7 and 8), a person (“A”) engages in antisocial behaviour if A—
(a)acts in a manner that causes or is likely to cause alarm or distress; or
(b)pursues a course of conduct that causes or is likely to cause alarm or distress,
to at least one person who is not of the same household as A; and “” shall be construed accordingly.
(2)In this Act, unless the context otherwise requires—
“conduct” includes speech; and a course of conduct must involve conduct on at least two occasions;
“etc. (Scotland) Act 1994 (c. 39); and “area”, in relation to a local authority, means the local government area (within the meaning of that Act) for which the council is constituted;” means a council constituted under section 2 of the Local Government
“” means a body registered in the register maintained under section 57 of the Housing (Scotland) Act 2001 (asp 10); and
“senior police officer” has the meaning given by section 19(1).
(1)Schedule 4 (which contains minor amendments and amendments consequential on the provisions of this Act) shall have effect.
(2)The enactments mentioned in the first column in schedule 5 (which include enactments that are spent) are repealed to the extent set out in the second column.
(1)This Act may be cited as the Antisocial Behaviour etc. (Scotland) Act 2004.
(2)This Act (other than this section and section 141) shall come into force on such day as the Scottish Ministers may by order appoint.
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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
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