Antisocial Behaviour etc. (Scotland) Act 2004

19 Authorisations

(1) Subsection (2) applies where a police officer of or above the rank of superintendent (a “senior police officer”) has reasonable grounds for believing—

(a) that any members of the public have been alarmed or distressed as a result of the presence or behaviour of groups of two or more persons in public places in any locality in the officer’s police area (the “relevant locality”); and

(b) that antisocial behaviour is a significant, persistent and serious problem in the relevant locality.

(2) The senior police officer may authorise the exercise of the powers conferred by section 21—

(a) during a specified period;

(b) on specified days that fall within a specified period;

(c) between specified times that fall within a specified period.

(3) An authorisation under subsection (2)—

(a) shall be in writing;

(b) shall be signed by the senior police officer giving it; and

(c) shall specify—

(i) the relevant locality;

(ii) the grounds on which the authorisation is given; and

(iii) when the powers are exercisable.

(4) Before giving an authorisation under subsection (2) the senior police officer who proposes to give it shall ensure that any local authority whose area includes the whole or part of the relevant locality is consulted.

(5) A period specified under subsection (2) shall not exceed 3 months.

(6) In subsection (2), “specified” means specified by the senior police officer.