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Antisocial Behaviour etc. (Scotland) Act 2004

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Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

Closure noticesS

26Authorisation of closure noticeS

(1)Subject to subsections (2) [F1to (3B)], a senior police officer may authorise the service of a notice (a “closure notice”) prohibiting access to premises by any person other than—

(a)a person who habitually resides in the premises; or

(b)the owner of the premises.

(2)The Scottish Ministers may by regulations specify premises or descriptions of premises in respect of which an authorisation under subsection (1) may not be given.

(3)A senior police officer may [F2, in a case involving antisocial behaviour,] authorise the service of a closure notice only where the senior police officer—

(a)has reasonable grounds for believing that—

(i)at any time during the immediately preceding 3 months a person has engaged in antisocial behaviour on the premises; and

(ii)the use of the premises is associated with the occurrence of relevant harm; and

(b)is satisfied that—

(i)the local authority for the area in which the premises are situated has been consulted; and

(ii)reasonable steps have been taken to establish the identity of any person who lives on, has control of, has responsibility for or has an interest in the premises.

[F3(3A)A senior police officer may, in a case involving an exploitation offence, authorise the service of a closure notice only where the senior police officer—

(a)has reasonable grounds for believing that—

(i)such an offence is being (or, at any time in the immediately preceding 3 months, was) committed in the premises, or

(ii)the premises are being (or, at any time in the immediately preceding 3 months, have been) used for or in connection with the commission of such an offence, and

(b)is satisfied that—

(i)the local authority for the area in which the premises are situated has been consulted, and

(ii)reasonable steps have been taken to establish the identity of any person who lives on, has control of, has responsibility for or has an interest in the premises.

(3B)Subsection (3A) is without prejudice to subsection (3) (including in so far as subsection (3) is applicable in relation to a brothel or other place where prostitution may occur).]

(4)An authorisation given under subsection (1) shall, if given orally, be confirmed by the senior police officer in writing as soon as is practicable.

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Amendments (Textual)

27Service etc.S

(1)This section applies where the service of a closure notice in respect of premises is authorised under section 26(1).

(2)The closure notice shall be served by a constable who shall do so by—

(a)fixing a copy of the notice to—

(i)at least one prominent place on the premises;

(ii)each normal means of access to the premises; and

(iii)any outbuildings that appear to the constable to be used with or as part of the premises; and

(b)giving a copy of the notice to—

(i)each person identified in pursuance of section 26(3)(b)(ii) [F4or (as the case may be) (3A)(b)(ii)]; and

(ii)every other person appearing to the constable to be a person of a description mentioned [F5there].

(3)If after having made reasonable enquiries at the time of serving the closure notice under subsection (2) the constable believes that the access of any person who occupies—

(a)any other part of the building; or

(b)any other structure,

in which the premises are situated would be impeded by the making of an order under section 30, the constable shall give a copy of the notice to that person.

(4)Failure to comply with subsection (2)(b) or (3) shall not affect the validity of the closure notice.

(5)The closure notice shall—

(a)specify the premises to which it relates;

(b)state that access to the premises by any person other than—

(i)a person who habitually resides in the premises; or

(ii)the owner of the premises,

is prohibited;

(c)state that failure to comply with the notice amounts to an offence;

(d)state that an application is to be made under section 28 for the closure of the premises;

(e)specify such matters about that application as may be prescribed in rules of court;

(f)explain the effects of an order made under section 30; and

(g)give information about the names of, and means of contacting, persons who and organisations which provide advice about housing and legal matters in the locality of the premises.

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Amendments (Textual)

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