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Antisocial Behaviour etc. (Scotland) Act 2004
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Antisocial Behaviour etc. (Scotland) Act 2004, Section 40 is up to date with all changes known to be in force on or before 13 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 85B inserted by 2014 asp 14 s. 21(1)
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 85B inserted by 2014 asp 14 s. 21(1)
40Interpretation of Part 4S
This section has no associated Explanatory Notes
In this Part—
“appropriate local authority” means the local authority for the area in which the premises in respect of which the closure order has effect are situated;
“closure notice” has the meaning given by section 26(1);
“closure order” has the meaning given by section 29(1);
“closed premises” means premises in respect of which a closure order has effect;
“court day” means a day which is not—
(a)a Saturday or Sunday; or
(b)a day which, by virtue of an order made under [F1section 28(1) of the Courts Reform (Scotland) Act 2014 (asp 18)], is a court holiday in respect of criminal business in the sheriff court in question;
“premises” includes—
(a)any land or other place (whether enclosed or not); and
(b)any outbuildings which are or are used as part of the premises; and
“relevant harm” means—
(a)significant and persistent disorder; or
(b)significant, persistent and serious nuisance to members of the public.
Textual Amendments
F1Words in s. 40 substituted (1.4.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions) Order 2015 (S.S.I. 2015/150), art. 1, sch. para. 7
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