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The Antisocial Behaviour Notice (Advice and Assistance) (Scotland) Regulations 2005

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Scottish Statutory Instruments

2005 No. 563

HOUSING

CRIMINAL LAW

LOCAL GOVERNMENT

The Antisocial Behaviour Notice (Advice and Assistance) (Scotland) Regulations 2005

Made

9th November 2005

Laid before the Scottish Parliament

11th November 2005

Coming into force

31st March 2006

The Scottish Ministers, in exercise of the powers conferred by section 80 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, commencement and interpretation

1.—(1) These Regulations may be cited as the Antisocial Behaviour Notice (Advice and Assistance) (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.

Advice and assistance

2.—(1) Where a local authority proposes to serve an antisocial behaviour notice under section 68(1) of the 2004 Act it shall provide to the person upon whom it proposes to serve such a notice, the advice and assistance listed in paragraph (2).

(2) The following advice and assistance shall be provided where paragraph (1) applies –

(a)general advice in relation to antisocial behaviour notices;

(b)advice and assistance directly relevant to the management of the antisocial behaviour that the local authority has considered for the purposes of section 68(1) of the 2004 Act; and

(c)advice in relation to the consequences of not managing the antisocial behaviour.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

9th November 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations require a local authority to give advice and assistance to a landlord upon whom it proposes to serve an antisocial behaviour notice under section 68 of the 2004 Act.

That advice and assistance will include general advice on such notices, relevant advice on the management of the antisocial behaviour at issue and advice on the consequences of not managing the antisocial behaviour.

A Regulatory Impact Assessment has been prepared for these Regulations.

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