Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)

Part 4 S Closure of premises

General S

37 Offences S

(1) If without reasonable excuse a person remains on or enters premises—

(a) in contravention of a closure notice; or

(b) in respect of which a closure order has effect,

the person shall be guilty of an offence.

(2) If a person obstructs an authorised person acting in pursuance of section 31(1) the person shall be guilty of an offence.

(3) In subsection (2), “authorised person” has the meaning given by section 31(4).

(4) A person guilty of an offence under subsection (1) or (2) [F1 shall be liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding the prescribed sum within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995 (c. 46) or to both.]

(5) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 37(4) substituted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 44(3)(a), 84; S.S.I. 2007/479, art. 3(1), Sch. (with arts. 4-14) (as amended by S.S.I. 2007/527, art. 2)

F2 S. 37(5) repealed (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 44(3)(b), 84; S.S.I. 2007/479, art. 3(1), Sch. (with arts. 4-14) (as amended by S.S.I. 2007/527, art. 2)

F3 38 Offences under section 37: arrest without warrant S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 38 repealed (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 18(c); S.S.I. 2017/345, art. 3, sch.

39 Guidance in relation to closure of premises S

A person (other than a court) shall, in discharging functions by virtue of this Part, have regard to any guidance given by the Scottish Ministers about—

(a) the discharge of those functions; or

(b) matters arising in connection with the discharge of those functions.