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The Antisocial Behaviour (Fixed Penalty Offence) (Prescribed Area) (Scotland) Regulations 2005

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Scottish Statutory Instruments

2005 No. 106

ANTISOCIAL BEHAVIOUR

The Antisocial Behaviour (Fixed Penalty Offence) (Prescribed Area) (Scotland) Regulations 2005

Made

1st March 2005

Laid before the Scottish Parliament

3rd March 2005

Coming into force

1st April 2005

The Scottish Ministers, in exercise of the powers conferred by section 129(2) of the Antisocial Behaviour etc. (Scotland) Act 2004(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Antisocial Behaviour (Fixed Penalty Offence) (Prescribed Area) (Scotland) Regulations 2005 and shall come into force on 1st April 2005.

Prescribed area

2.  For the purposes of section 129(1) of the Antisocial Behaviour etc. (Scotland) Act 2004, the Tayside combined police area(2) which comprises the police areas for the local government areas of Perthshire and Kinross, Angus and Dundee City(3) is a prescribed area.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

1st March 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the Tayside combined police area as an area in which a person may be given a fixed penalty notice if a constable has reason to believe that the person has committed a fixed penalty offence as defined in section 128(1) of the Antisocial Behaviour etc. (Scotland) Act 2004.

The Tayside combined police area comprises the police areas for the local government areas of Perthshire and Kinross, Angus and Dundee City.

(2)

Section 21B(3) of the Police (Scotland) Act 1967 (c. 77) (“the 1967 Act”) provides that an amalgamation scheme shall be made to amalgamate the police areas of Perthshire and Kinross, Angus and the City of Dundee into a combined police area for Tayside. Paragraph 3 of the Schedule to the Tayside Combined Police Area Amalgamation Scheme Order (S.I. 1995/2643 as amended by S.S.I. 2002/140) amalgamated the police areas for the local government areas of Perthshire and Kinross, Angus and Dundee City. The functions of the Secretary of State under the 1967 Act were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(3)

The boundaries of the local government areas of Perthshire and Kinross, Angus and Dundee City are specified in Part I of Schedule 1 to the Local Government etc. (Scotland) Act 1994 (c. 39).

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