Antisocial Behaviour etc. (Scotland) Act 2004

26 Authorisation of closure notice

(1) Subject to subsections (2) and (3), a senior police officer may authorise the service of a notice (a “closure notice”) prohibiting access to premises by any person other than—

(a) a person who habitually resides in the premises; or

(b) the owner of the premises.

(2) The Scottish Ministers may by regulations specify premises or descriptions of premises in respect of which an authorisation under subsection (1) may not be given.

(3) A senior police officer may authorise the service of a closure notice only where the senior police officer—

(a) has reasonable grounds for believing that—

(i) at any time during the immediately preceding 3 months a person has engaged in antisocial behaviour on the premises; and

(ii) the use of the premises is associated with the occurrence of relevant harm; and

(b) is satisfied that—

(i) the local authority for the area in which the premises are situated has been consulted; and

(ii) reasonable steps have been taken to establish the identity of any person who lives on, has control of, has responsibility for or has an interest in the premises.

(4) An authorisation given under subsection (1) shall, if given orally, be confirmed by the senior police officer in writing as soon as is practicable.