Search Legislation

Antisocial Behaviour etc. (Scotland) Act 2004

Status:

This is the original version (as it was originally enacted).

Antisocial behaviour notices

68Antisocial behaviour notices

(1)Where it appears to a local authority that either person mentioned in subsection (2) is engaging in antisocial behaviour at, or in the locality of, a relevant house situated within the authority’s area, the authority may serve an antisocial behaviour notice on the landlord of the relevant house.

(2)Those persons are—

(a)any person who, by virtue of a tenancy or an occupancy arrangement, occupies the relevant house mentioned in subsection (1); and

(b)any visitor for the time being in that house.

(3)An antisocial behaviour notice is a notice—

(a)describing the antisocial behaviour that has been engaged in at, or in the locality of, the relevant house to which the notice relates by either of the persons mentioned in subsection (2);

(b)requiring the landlord of the relevant house to take, before the expiry of such period as may be specified in the notice, such action for the purpose of dealing with the antisocial behaviour as may be so specified;

(c)stating the consequences of failure to take, within that period, the action so specified; and

(d)informing the landlord of the right to request a review under section 69(1).

(4)If the local authority is aware of the name and address of a person who acts for the landlord as respects the tenancy or occupancy arrangement relating to the relevant house, the authority shall, in addition to serving a notice on the landlord under subsection (1), give a copy of the notice to the person.

(5)If—

(a)the local authority is unable to identify the landlord, it may serve the notice under subsection (1) by publishing it in two or more newspapers (of which one shall, if practicable, be a local newspaper) circulating in the locality of the relevant house;

(b)the local authority is aware of the landlord’s identity but is unable to ascertain the landlord’s current address, it may serve the notice under that subsection by serving it on the landlord—

(i)at the relevant house; and

(ii)if it is aware of a previous address of the landlord, at that address.

(6)For the purpose of applying this Part in relation to relevant houses which are used for holiday purposes, the Scottish Ministers may by order make such modifications of the Part as they consider necessary or expedient.

69Review of antisocial behaviour notices

(1)If a landlord on whom an antisocial behaviour notice is served under section 68(1) requests the local authority that served the notice to review the notice, the local authority shall review the notice.

(2)A request under subsection (1) shall be made before the expiry of the period of 21 days beginning with the day on which the notice is served or such longer period as the authority may allow.

(3)There is no duty to carry out a review of a decision reached on review.

70Internal procedure on review

(1)A review of an antisocial behaviour notice under section 69(1) shall be carried out by a person (a “reviewer”) who had no involvement in the decision to issue the notice and who is senior to the person who was responsible for the processes culminating in that decision.

(2)The reviewer may—

(a)confirm the notice;

(b)vary any part of it;

(c)suspend the notice for such period as may be specified pending completion of the review; or

(d)revoke the notice.

(3)The local authority shall notify the person who requested the review of the decision reached on review and the reasons for reaching that decision.

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

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

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