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);