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Antisocial Behaviour etc. (Scotland) Act 2004

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This is the original version (as it was originally enacted).

81Interpretation of Part 7

This section has no associated Explanatory Notes

(1)In this Part—

  • “landlord”, in relation to an occupancy arrangement, means the person who under the arrangement permits another to occupy the building or, as the case may be, the part of the building;

  • “occupancy arrangement” means any arrangement under which a person having the lawful right to occupy a building or part of a building permits another, by way of contract or otherwise, to occupy the building or, as the case may be, the part of it; but does not include a lease;

  • “relevant house” means, subject to subsection (2), any building or part of a building which—

    (a)

    is occupied as a dwelling under—

    (i)

    a tenancy; or

    (ii)

    an occupancy arrangement; and

    (b)

    does not fall within subsection (3).

(2)If—

(a)the same person is the landlord in relation to two or more relevant houses; and

(b)those relevant houses share the same toilet, washing or cooking facilities,

then those relevant houses shall be deemed to be a single relevant house.

(3)A building or part of a building falls within this subsection if—

(a)it is owned by—

(i)a local authority;

(ii)a registered social landlord; or

(iii)Scottish Homes;

(b)it is used for the provision of—

(i)a care home service (as defined in subsection (3) of section 2 of the Regulation of Care (Scotland) Act 2001 (asp 8));

(ii)a school care accommodation service (as defined in subsection (4) of that section);

(iii)an independent health care service (as defined in subsection (5) of that section); or

(iv)a secure accommodation service (as defined in subsection (9) of that section);

(c)the house is used by a religious order the principal occupation of which is prayer, contemplation, education or the relief of suffering; or

(d)a control order under section 178 of the Housing (Scotland) Act 1987 (c. 26) is in force in respect of the house.

(4)For the purposes of this Part, a person engages in antisocial behaviour if the person—

(a)acts in a manner that causes or is likely to cause alarm, distress, nuisance or annoyance; or

(b)pursues a course of conduct that causes or is likely to cause alarm, distress, nuisance or annoyance,

to a person residing in, visiting or otherwise engaging in lawful activity at, or in the locality of, a relevant house.

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