Part 7

Housing: antisocial behaviour notices

Interpretation

Interpretation of Part 7
81
1
In this Part—
- “landlord”, in relation to an occupancy arrangement, means the person who under the arrangement permits another to occupy the building or, as the case may be, the part of the building;
- “occupancy arrangement” means any arrangement under which a person having the lawful right to occupy a building or part of a building permits another, by way of contract or otherwise, to occupy the building or, as the case may be, the part of it; but does not include a lease;
- “relevant house” means, subject to subsection (2), any building or part of a building which—
  1. is occupied as a dwelling under—
    1. a tenancy; or
    2. an occupancy arrangement; and
  2. does not fall within subsection (3).
2
If—
a
the same person is the landlord in relation to two or more relevant houses; and
b
those relevant houses share the same toilet, washing or cooking facilities,
then those relevant houses shall be deemed to be a single relevant house.
3
A building or part of a building falls within this subsection if—
a
it is owned by—
i
a local authority;
ii
a registered social landlord; or
iii
Scottish Homes;
b
it is used for the provision of—
i
a care home service (as defined in paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8));
ii
a school care accommodation service (as defined in paragraph 3 of that schedule);
iii. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
iv
a secure accommodation service (as defined in paragraph 6 of that schedule);
v
an independent hospital (as defined in subsection
(2) of section
10F of the
Public Services Reform (Scotland) Act 2010 (asp
8
));
vi
a private psychiatric hospital (as defined in that section);
vii
an independent clinic (as defined in that section); or
viii
an independent medical agency (as defined in that section);
c
the house is used by a religious order the principal occupation of which is prayer, contemplation, education or the relief of suffering; or
d
a control order under section 178 of the Housing (Scotland) Act 1987 (c. 26) is in force in respect of the house.
4
For the purposes of this Part, a person engages in antisocial behaviour if the person—
a
acts in a manner that causes or is likely to cause alarm, distress, nuisance or annoyance; or
b
pursues a course of conduct that causes or is likely to cause alarm, distress, nuisance or annoyance,
to a person residing in, visiting or otherwise engaging in lawful activity at, or in the locality of, a relevant house.
S. 81(3)(b)(v)-(viii) inserted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 2 para. 9(a)(iii)
Words in s. 81(3)(b)(i) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 14(2)(a)
Words in s. 81(3)(b)(ii) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 14(2)(b)
S. 81(3)(b)(iii) and word repealed (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 2 para. 9(a)(i)(ii)
Words in s. 81(3)(b)(iv) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 14(2)(c)