1.—(1) This Order may be cited as the Antisocial Behaviour etc. (Scotland) Act 2004 (Commencement and Savings) Order 2004.
(2) In this Order “the Act” means the Antisocial Behaviour etc. (Scotland) Act 2004.
2. All the provisions of the Act, so far as not then in force, shall come into force, for all purposes, on 15th November 2005.
3. The provisions of the Act which are specified in column 1 of any of the Schedules to this Order and the subject matter of which are described in column 2 of that Schedule shall, so far as not then in force, come into force on the day appointed in relation to that Schedule in the Table below but, where a particular purpose is specified in relation to any provision in column 3 of that Schedule, that provision shall come into force on that day only for that purpose.
| Schedule | Appointed day |
|---|---|
| 1 | 28th October 2004 |
| 2 | 5th November 2004 |
| 3 | 1st December 2004 |
| 4 | 31st January 2005 |
| 5 | 4th April 2005 |
4.—(1) Notwithstanding the repeal of sections 19, 21 and 22 of the Crime and Disorder Act 1998(1) by virtue of article 3 above, those sections shall continue to have effect, on and after 28th October 2004, as they had effect immediately before that date, in a case to which paragraph (2) below applies.
(2) This paragraph applies in the case of any application for an antisocial behaviour order which is founded on acts or omissions which are alleged to have occurred before 28th October 2004.
(3) Notwithstanding the commencement of section 100 of the Act by article 3 above, section 18(6)(a) of, and ground 15 of Schedule 5 to, the Housing (Scotland) Act 1988(2) shall continue to have effect, on and after 28th October 2004, as it had effect immediately before that date, in a case to which paragraph (4) below applies.
(4) This paragraph applies in the case of any proceedings for recovery of possession where those proceedings found on acts or omissions which are alleged to have occurred before 28th October 2004.
MARY MULLIGAN
Authorised to sign by the Scottish Ministers
St Andrew’s House, Edinburgh
27th September 2004