Antisocial Behaviour etc. (Scotland) Act 2004

119 Records of antisocial behaviour orders made in criminal courts S

(1) A local authority shall keep records of each antisocial behaviour order of which the authority has been given a copy by virtue of subsection (1)(b) of section 234AB of the Criminal Procedure (Scotland) Act 1995 (c. 46) (the “1995 Act”).

(2) A record kept under subsection (1) shall specify—

(a) the person in respect of whom the order was made;

(b) the prohibitions imposed by the order;

(c) whether a prohibition is indefinite or for a definite period and where it is for a period, that period;

(d) where the authority is, by virtue of subsection (2) of that section of the 1995 Act, notified of the revocation of the order, the date on which it was revoked;

(e) where the authority is, by virtue of subsection (3)(b) of that section of the 1995 Act, given a copy of the order as varied, the variation and its date; and

(f) such other matters relating to the order as the Scottish Ministers may prescribe in regulations.

(3) A local authority shall, on a request to do so being made to it by a person mentioned in subsection (4), disclose to that person information contained in a record kept under subsection (1).

(4) Those persons are—

(a) the Scottish Ministers;

(b) the Principal Reporter;

(c) any other local authority;

[F1 (d) the chief constable of the Police Service of Scotland;]

(e) a registered social landlord.

(5) A local authority shall, in discharging functions by virtue of this section, have regard to such guidance issued by the Scottish Ministers as to—

(a) the discharge of those functions; and

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

as the Scottish Ministers think fit.

Textual Amendments

F1 S. 119(4)(d) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 24(8); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)