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Antisocial Behaviour etc. (Scotland) Act 2004
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Antisocial Behaviour etc. (Scotland) Act 2004, Section 7 is up to date with all changes known to be in force on or before 12 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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Changes and effects yet to be applied to Section 7:
- 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)
7Interim antisocial behaviour ordersS
This section has no associated Explanatory Notes
(1)Subsection (2) applies where—
(a)an application is made under section 4; and
(b)the application has been intimated to the specified person.
(2)If the sheriff is satisfied—
(a)that the condition mentioned in paragraph (a) of section 4(2) is met;
(b)that prima facie the condition mentioned in paragraph (b) of that section is met; and
(c)that the making of an interim antisocial behaviour order (an “interim order”) is necessary for the purpose mentioned in paragraph (c) of that section,
the sheriff may make an interim order.
(3)Where the specified person is a child, the sheriff shall, in determining whether to make an interim order, have regard to any views expressed by the Principal Reporter.
(4)An interim order is an order which prohibits, pending the determination of the application, the specified person from doing anything described in the order.
(5)Sections 4(6) and (7) shall apply to an interim order as they apply to an antisocial behaviour order.
(6)Before making an interim order, the sheriff shall, where the specified person is present in court, explain in ordinary language—
(a)the effect of the order and the prohibitions proposed to be included in it;
(b)the consequences of failing to comply with the order;
(c)the power the sheriff has to recall the order; and
(d)the entitlement of the specified person to appeal against the making of the order.
(7)Failure to comply with subsection (6) shall not affect the validity of the order.
(8)An interlocutor granting or refusing an interim order is an appealable interlocutor.
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