xmlns:atom="http://www.w3.org/2005/Atom"

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Antisocial Behaviour Notice (Management Control Orders) (Scotland) Regulations 2005 and shall come into force on 31st March 2006.

(2) In these Regulations–

“the 2004 Act” means the Antisocial Behaviour etc. (Scotland) Act 2004;

“tenancy” means the tenancy or occupancy arrangement under which a house is occupied and “tenant” shall be construed accordingly.

(3) A reference in these Regulations to an antisocial behaviour notice is a reference to the relevant antisocial behaviour notice for the purposes of a management control order issued by a sheriff under section 74(1) of the 2004 Act.

Permitted Expenditure

2.—(1) The Schedule to these Regulations lists the expenditure which a local authority may incur in respect of a house in respect of which a sheriff has made a management control order under section 74(1) of the 2004 Act.

(2) Any expenditure incurred by the local authority must be necessary and reasonable for the purposes of the operation of the management control order.

Recovery of Expenditure

3.—(1) If, at any time during or after the management period(1) of a management control order, the local authority considers it necessary to recover expenditure incurred under the order from the relevant person(2), it may do so only if–

(a)expenditure exceeds income received in respect of the house to which the order relates at the time it considers recovery necessary; and

(b)it has given notice of the intention to recover that debt to the relevant person.

(2) The notice referred to in paragraph (1) shall be in writing and given at least 14 days before any further steps to recover the expenditure are taken against the relevant person.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

9th November 2005