SCHEDULEMINOR AND CONSEQUENTIAL MODIFICATIONS

Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)

1

The 2004 Act is amended as follows.

2

In section 84 (registration)—

(a)

in subsection (2), after “Where” insert “ (subject to subsections (7) and (8)) ”,

(b)

after subsection (6) add—

“(7)

The local authority may refuse to enter a person in the register maintained by the authority under section 82(1) if the person fails to comply with the duty, if applicable, imposed by section 92B(3).

(8)

The local authority must refuse to enter a person in the register maintained by the authority under section 82(1) if the person is disqualified by an order made under section 93A(2).”.

3

In section 86 (notification of registration or refusal to register)—

(a)

in subsection (1)(b), after “section” insert “ or subsection (7) or (8) of section 84 ”,

(b)

in subsection (2), after “84(2)(b),” insert “ (7) or (8), ”.

4

In section 89 (removal from register), after subsection (3) add—

“(4)

Where a registered person, without reasonable excuse, fails to comply with the duty imposed by section 92B(1) the authority may remove the person from the register.

(5)

Where—

(a)

a person is registered by a local authority; and

(b)

the person is disqualified from being registered by virtue of an order under section 93A(2),

the authority shall remove the person from its register.”.

5

In section 90(1) (notification of removal from register: registered person), after “89(1)” insert “ , (4) or (5) ”.

6

In section 91(1) (notification of removal from register: other persons), after “89(1)” insert “ , (4) or (5) ”.

7

In section 92(1) (appeal against refusal to register or removal from register)—

(a)

in paragraph (a), after “84(2)(b)” insert “ , (7) or (8) ”,

(b)

in paragraph (b), after “89(1)” insert “ or (4) ”.

8

In section 93(5) (offences), after paragraph (aa) insert—

“(aaa)

the relevant person is not disqualified from being registered by virtue of an order under section 93A(2);”.