Search Legislation

Antisocial Behaviour etc. (Scotland) Act 2004

Status:

This is the original version (as it was originally enacted).

7Interim antisocial behaviour orders

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.

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