Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Anti social Behaviour Orders) 2003

Made18th June 2003

Coming into force27th June 2003

The Lords of Council and Session, under and by virtue of the powers conferred by section 32 of the Sheriff Courts (Scotland) Act 19711 and of all other powers enabling them in that behalf, having approved draft rules submitted to them by the Sheriff Court Rules Council in accordance with section 34 of the said Act of 1971, do hereby enact and declare:

Citation and commencement1.

(1)

This Act of Sederunt may be cited as the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Anti-social Behaviour Orders) 2003, and shall come into force on 27th June 2003.

(2)

This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of the Summary Applications Rules2.

(1)

The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 19992 is amended in accordance with paragraph (2).

(2)

In Chapter 3 (rules on applications under specific statutes), after Part XXI (Immigration and Asylum Act 19993) insert–

“PART XXIICRIME AND DISORDER ACT 1998
Interpretation3.22.1.
In this Part–
“the Act” means the Crime and Disorder Act 19984;
“interim ASBO” means an ASBO made under section 19(2A) of the Act5; and
“ASBO” means an anti-social behaviour order made under section 19(3) of the Act.
Application for an interim ASBO3.22.2.
(1)
An application for an interim ASBO shall be made by crave in the initial writ in which an ASBO is sought.
(2)
An application for an interim ASBO once craved shall be moved by motion to that effect.
(3)
The sheriff shall not consider an application for an interim ASBO until after service of the initial writ has been effected on the person in respect of whom that application is made.
Intimation of an ASBO3.22.3.
The pursuer shall forthwith intimate the making or recall of an ASBO or an interim ASBO to the relevant Chief Constable.”.

W DOUGLAS CULLEN

Lord President I.P.D.

Edinburgh

18th June 2003

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999 (“the 1999 Rules”).

Article 2 inserts a new Part XXII into Chapter 3 of the 1999 Rules to provide rules for applications by local authorities or social landlords for anti-social behaviour orders, including interim orders.

In the new Part–

(a)

rule 3.22.1 provides definitions;

(b)

rule 3.22.2 provides that an interim order must be sought as part of an application for a final order, and cannot be considered until after that application has been served on the defender; and

(c)

rule 3.22.3 provides that the grant or recall of an order must be intimated to the Chief Constable for the area of any local authority making an application, or where a social landlord has applied for the area where the defender resides.