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Criminal Justice (Scotland) Act 2003

Section 45 - Application by registered social landlord for anti-social behaviour order

226.Section 45 amends the 1998 Act  to extend the power to apply for anti-social behaviour orders (ASBOs) and interim ASBOs to registered social landlords (“RSLs”) (as defined by section 57 of the Housing (Scotland) Act 2001).  This will allow RSLs to obtain ASBOs against persons behaving anti-socially on or in the vicinity of properties provided or managed by RSLs.  At present only local authorities, in consultation with the police, can apply for ASBOs in Scotland.

227.Extending the power to RSLs will be without prejudice to the power of the local authority to seek an ASBO in respect of RSL premises.

228.Section 45 also has the effect of amending section 21 of the 1998 act to make clear that RSLs must consult the police and notify the local authority before applying for an ASBO or interim ASBO.

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