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

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Explanatory Note

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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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