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

Part 13 S Miscellaneous and general

General S

141 Orders and regulations S

(1) Any power conferred by this Act on the Scottish Ministers to make orders or regulations shall be exercisable by statutory instrument.

(2) Any power conferred by this Act on the Scottish Ministers to make orders or regulations—

(a) may be exercised so as to make different provision for different cases or descriptions of case or for different purposes; and

(b) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Scottish Ministers consider appropriate.

(3) A statutory instrument containing an order or regulations made under this Act (other than an order under section 145(2)) shall, subject to subsection (4), be subject to annulment in pursuance of a resolution of the Scottish Parliament.

(4) A statutory instrument containing—

(a) an order under section 53(1), 59(1), 68(6), 83(7), [F1 85(9),] 103(3), 128(2) or 139(7); or

(b) regulations under section 26(2),

shall not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

Textual Amendments

F1 Word in s. 141(4)(a) inserted (1.7.2012) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 1(2), 41(3); S.S.I. 2012/150, art. 2(1)

142 Directions S

(1) Any power conferred by virtue of this Act on the Scottish Ministers to give a direction shall include power to vary or revoke the direction.

(2) Any direction given by virtue of this Act by the Scottish Ministers shall be in writing.

143 Interpretation: “antisocial behaviour” and other expressions S

(1) For the purposes of this Act (other than Parts 7 and 8), a person (“A”) engages in antisocial behaviour if A—

(a) acts in a manner that causes or is likely to cause alarm or distress; or

(b) pursues a course of conduct that causes or is likely to cause alarm or distress,

to at least one person who is not of the same household as A; and “antisocial behaviour” shall be construed accordingly.

(2) In this Act, unless the context otherwise requires—

• “conduct” includes speech; and a course of conduct must involve conduct on at least two occasions;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39); and “area”, in relation to a local authority, means the local government area (within the meaning of that Act) for which the council is constituted;

• “registered social landlord” means a body registered in the register maintained under [F2 section 20(1) of the Housing (Scotland) Act 2010 (asp 17)] ; and

• “senior police officer” has the meaning given by section 19(1).

Textual Amendments

F2 Words in s. 143(2) substituted (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), sch. 2 para. 11; S.S.I. 2012/39, art. 2, sch. 1 (with sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4)

144 Minor and consequential amendments and repeals S

(1) Schedule 4 (which contains minor amendments and amendments consequential on the provisions of this Act) shall have effect.

(2) The enactments mentioned in the first column in schedule 5 (which include enactments that are spent) are repealed to the extent set out in the second column.

Commencement Information

I1 S. 144 wholly in force at 4.4.2005; s. 144 not in force at Royal Assent see s. 145(2); s. 144 in force for specified purposes at 28.10.2004, 1.12.2004 and 31.1.2005 and for all other purposes at 4.4.2005 by S.S.I. 2004/420, art. 3, Schs. 1, 3, 4, 5

145 Short title and commencement S

(1) This Act may be cited as the Antisocial Behaviour etc. (Scotland) Act 2004.

(2) This Act (other than this section and section 141) shall come into force on such day as the Scottish Ministers may by order appoint.

Subordinate Legislation Made

P1 S. 145(2) power fully exercised: different dates appointed for specified provisions by S.S.I. 2004/420, arts. 2, 3, Schs. 1-6 (with art. 4) (as amended by S.S.I. 2005/553 and S.S.I. 2006/104)