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The Antisocial Behaviour etc. (Scotland) Act 2004 (Commencement and Savings) Order 2004

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Scottish Statutory Instruments

2004 No. 420 (C. 31)

CRIMINAL LAW

POLICE

LOCAL GOVERNMENT

ENVIRONMENTAL PROTECTION

The Antisocial Behaviour etc. (Scotland) Act 2004 (Commencement and Savings) Order 2004

Made

27th September 2004

The Scottish Ministers, in exercise of the powers conferred by sections 141(2) and 145(2) of the Antisocial Behaviour etc. (Scotland) Act 2004(1) and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and interpretation

1.  (1)  This Order may be cited as the Antisocial Behaviour etc. (Scotland) Act 2004 (Commencement and Savings) Order 2004.

(2) In this Order “the Act” means the Antisocial Behaviour etc. (Scotland) Act 2004.

Appointed days

2.  All the provisions of the Act, so far as not then in force, shall come into force, for all purposes, on 15th November 2005.

3.  The provisions of the Act which are specified in column 1 of any of the Schedules to this Order and the subject matter of which are described in column 2 of that Schedule shall, so far as not then in force, come into force on the day appointed in relation to that Schedule in the Table below but, where a particular purpose is specified in relation to any provision in column 3 of that Schedule, that provision shall come into force on that day only for that purpose.

TABLE

ScheduleAppointed day
128th October 2004
25th November 2004
31st December 2004
431st January 2005
54th April 2005

Savings

4.  (1)  Notwithstanding the repeal of sections 19, 21 and 22 of the Crime and Disorder Act 1998(2) by virtue of article 3 above, those sections shall continue to have effect, on and after 28th October 2004, as they had effect immediately before that date, in a case to which paragraph (2) below applies.

(2) This paragraph applies in the case of any application for an antisocial behaviour order which is founded on acts or omissions which are alleged to have occurred before 28th October 2004.

(3) Notwithstanding the commencement of section 100 of the Act by article 3 above, section 18(6)(a) of, and ground 15 of Schedule 5 to, the Housing (Scotland) Act 1988(3) shall continue to have effect, on and after 28th October 2004, as it had effect immediately before that date, in a case to which paragraph (4) below applies.

(4) This paragraph applies in the case of any proceedings for recovery of possession where those proceedings found on acts or omissions which are alleged to have occurred before 28th October 2004.

MARY MULLIGAN

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

27th September 2004

Article 3

SCHEDULE 1PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 28TH OCTOBER 2004

Column 1Column 2Column 3
Provisions of the ActSubject MatterPurpose
Sections 1 to 3 (Part 1)Antisocial behaviour strategies
Sections 4 to 12 and 14 to 18Antisocial behaviour orders
Sections 19 to 25 (Part 3)Dispersal of groups
Sections 26 to 40 (Part 4)Closure of premises
Sections 56 to 67The environment
Section 68Antisocial behaviour noticesOnly for the purpose of enabling orders to be made to come into force on 15th November 2005
Section 72Appeals against orders under section 71Only for the purpose of enabling regulations to be made to come into force on 15th November 2005
Section 74Management Control OrderOnly for the purpose of commencing the paragraphs of schedule 3 specified in column 1 below
Section 78Action by local authority at landlord’s expenseOnly for the purpose of enabling regulations to be made to come into force on 15th November 2005
Section 80Advice and assistanceOnly for the purpose of enabling regulations to be made to come into force on 15th November 2005
Section 83Application for registrationOnly for the purpose of enabling (a) applications for registration to be made, (b) fees to be determined by the local authority and (c) orders and regulations to be made to come into force no later than 15th November 2005
Section 87Duty to provide information to local authorityOnly for the purpose of enabling regulations to be made to come into force no later than 15th November 2005
Section 97AppealsOnly for the purpose of enabling regulations to be made to come into force on 15th November 2005
Section 99Advice and AssistanceOnly for the purpose of enabling regulations to be made to come into force on 15th November 2005
Section 100Amendment of Housing (Scotland) Act 1988
Sections 118 and 119Antisocial behaviour orders
Section 120Community reparation orders
Sections 126 and 127Seizure of vehicles
Sections 128 to 134 (Part 11)Fixed penalty notices
Sections 138 to 140Miscellaneous
Section 142Directions
Section 143Interpretation: “antisocial behaviour” and other expressions
Section 144Minor and consequential amendments and repealsOnly for the purpose of bringing into force the provisions of schedules 4 and 5 specified in column 1 below
schedule 2Penalties for certain environmental offences
schedule 3Management Control OrdersOnly for the purpose of enabling regulations to be made to come into force on 15th November 2005
In schedule 4, paragraphs 1(a)(ii), 1(b) and (c), 2, 4(1) and (6), 5(1) to (3), 5(6), 5(11) and 6Minor and consequential amendmentsParagraph 1(a)(ii) shall come into force only for the purpose of bringing into force sub paragraph (va) of section 27(1)(b) of the Social Work (Scotland) Act 1968(4)
In schedule 5, the entries relating to the Social Work (Scotland) Act 1968, the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(5), the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995(6), the Crime and Disorder Act 1998 and the Criminal Justice (Scotland) Act 2003(7)Repeals

Article 3

SCHEDULE 2PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 5TH NOVEMBER 2004

Column 1Column 2Column 3
Provisions of the ActSubject MatterPurpose
Section 55Contraventions of section 33(1)(a) and (c) of the Environmental Protection Act 1990: fixed penalty notices
Sections 122 to 125Sale of spray paint to children

Article 3

SCHEDULE 3PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 1ST DECEMBER 2004

Column 1Column 2Column 3
Provisions of the ActSubject MatterPurpose
Sections 41 to 54 (Part 5)Noise nuisance
Section 144Minor and consequential amendments and repealsOnly for the purpose of bringing into force the provisions of schedule 4 specified in column 1 below
schedule 1Powers in relation to equipment seized under section 47
In schedule 4, paragraphs 3 and 5(12)Minor and consequential amendments

Article 3

SCHEDULE 4PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 31ST JANUARY 2005

Column 1Column 2Column 3
Provisions of the ActSubject MatterPurpose
Section 135Supervision requirements: conditions restricting movement
Section 136Supervision requirements: duties of local authorities
Section 137Failure to provide education for excluded pupils: reference
Section 144Minor and consequential amendments and repealsOnly for the purpose of bringing into force the provisions of schedule 4 specified in column 1 below
In schedule 4, paragraphs 4(2) to 4(5)Minor and consequential amendments

Article 3

SCHEDULE 5PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 4TH APRIL 2005

Column 1Column 2Column 3
Provisions of the ActSubject MatterPurpose
Section 13Sheriff’s power to make a parenting order
Section 98Grants to local authorities regarding registration of certain landlords
Sections 102 to 117 (Part 9)Parenting orders
Section 121Restriction of liberty orders
Section 144Minor and consequential amendments and repeals
schedule 4Minor and consequential amendments
schedule 5Repeals

Explanatory Note

(This note is not part of the Order)

This Order appoints various days for the coming into force of the provisions of the Antisocial Behaviour etc. (Scotland) Act 2004 (“the Act”).

Article 2 provides that all the provisions of the Act, so far as not then in force, should come into force on 15th November 2005. The majority of Part 7 (Housing: Antisocial behaviour notices) and Part 8 (Housing: Registration of certain landlords) of the Act will come into force on that date.

Article 3 appoints the following days for the coming into force of various provisions of the Act, namely:

(a)28th October 2004 for the provisions specified in Schedule 1 to this Order which are the majority of Parts 1 to 4 and 6 of the Act, various provisions in Part 10 (Further criminal measures), Part 11 (Fixed penalty notices) and other miscellaneous provisions;

(b)5th November 2004 for the provisions specified in Schedule 2 to this Order which relate to fixed penalty notices under the Environmental Protection Act 1990 (c. 43) and the sale of spray paint to children;

(c)1st December 2004 for the provisions specified in Schedule 3 to this Order which relate to Part 5 (Noise Nuisance);

(d)31st January 2005 for the provisions specified in Schedule 4 to this Order which are mainly about supervision requirements in the children’s hearing system and duties of local authorities; and

(e)4th April 2005 for the provisions specified in Schedule 5 to this Order which relate to restriction of liberty orders, section 13 and Part 9 (Parenting orders).

The Act received Royal Assent on 26th July 2004. Sections 141 and 145 came into force on Royal Assent.

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