Scottish Statutory Instruments
CRIMINAL LAW
POLICE
LOCAL GOVERNMENT
ENVIRONMENTAL PROTECTION
Made
27th September 2004
The Scottish Ministers, in exercise of the powers conferred by sections 141(2) and 145(2) of the Antisocial Behaviour etc. (Scotland) Act 2004(1) and of all other powers enabling them in that behalf, hereby make the following Order:
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(2) 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(3) 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
Article 3
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provisions of the Act | Subject Matter | Purpose |
| Sections 1 to 3 (Part 1) | Antisocial behaviour strategies | |
| Sections 4 to 12 and 14 to 18 | Antisocial behaviour orders | |
| Sections 19 to 25 (Part 3) | Dispersal of groups | |
| Sections 26 to 40 (Part 4) | Closure of premises | |
| Sections 56 to 67 | The environment | |
| Section 68 | Antisocial behaviour notices | Only for the purpose of enabling orders to be made to come into force on 15th November 2005 |
| Section 72 | Appeals against orders under section 71 | Only for the purpose of enabling regulations to be made to come into force on 15th November 2005 |
| Section 74 | Management Control Order | Only for the purpose of commencing the paragraphs of schedule 3 specified in column 1 below |
| Section 78 | Action by local authority at landlord’s expense | Only for the purpose of enabling regulations to be made to come into force on 15th November 2005 |
| Section 80 | Advice and assistance | Only for the purpose of enabling regulations to be made to come into force on 15th November 2005 |
| Section 83 | Application for registration | Only for the purpose of enabling (a) applications for registration to be made, (b) fees to be determined by the local authority and (c) orders and regulations to be made to come into force no later than 15th November 2005 |
| Section 87 | Duty to provide information to local authority | Only for the purpose of enabling regulations to be made to come into force no later than 15th November 2005 |
| Section 97 | Appeals | Only for the purpose of enabling regulations to be made to come into force on 15th November 2005 |
| Section 99 | Advice and Assistance | Only for the purpose of enabling regulations to be made to come into force on 15th November 2005 |
| Section 100 | Amendment of Housing (Scotland) Act 1988 | |
| Sections 118 and 119 | Antisocial behaviour orders | |
| Section 120 | Community reparation orders | |
| Sections 126 and 127 | Seizure of vehicles | |
| Sections 128 to 134 (Part 11) | Fixed penalty notices | |
| Sections 138 to 140 | Miscellaneous | |
| Section 142 | Directions | |
| Section 143 | Interpretation: “antisocial behaviour” and other expressions | |
| Section 144 | Minor and consequential amendments and repeals | Only for the purpose of bringing into force the provisions of schedules 4 and 5 specified in column 1 below |
| schedule 2 | Penalties for certain environmental offences | |
| schedule 3 | Management Control Orders | Only for the purpose of enabling regulations to be made to come into force on 15th November 2005 |
| In schedule 4, paragraphs 1(a)(ii), 1(b) and (c), 2, 4(1) and (6), 5(1) to (3), 5(6), 5(11) and 6 | Minor and consequential amendments | Paragraph 1(a)(ii) shall come into force only for the purpose of bringing into force sub paragraph (va) of section 27(1)(b) of the Social Work (Scotland) Act 1968(4) |
| In schedule 5, the entries relating to the Social Work (Scotland) Act 1968, the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(5), the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995(6), the Crime and Disorder Act 1998 and the Criminal Justice (Scotland) Act 2003(7) | Repeals |
Article 3
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provisions of the Act | Subject Matter | Purpose |
| Section 55 | Contraventions of section 33(1)(a) and (c) of the Environmental Protection Act 1990: fixed penalty notices | |
| Sections 122 to 125 | Sale of spray paint to children |
Article 3
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provisions of the Act | Subject Matter | Purpose |
| Sections 41 to 54 (Part 5) | Noise nuisance | |
| Section 144 | Minor and consequential amendments and repeals | Only for the purpose of bringing into force the provisions of schedule 4 specified in column 1 below |
| schedule 1 | Powers in relation to equipment seized under section 47 | |
| In schedule 4, paragraphs 3 and 5(12) | Minor and consequential amendments |
Article 3
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provisions of the Act | Subject Matter | Purpose |
| Section 135 | Supervision requirements: conditions restricting movement | |
| Section 136 | Supervision requirements: duties of local authorities | |
| Section 137 | Failure to provide education for excluded pupils: reference | |
| Section 144 | Minor and consequential amendments and repeals | Only for the purpose of bringing into force the provisions of schedule 4 specified in column 1 below |
| In schedule 4, paragraphs 4(2) to 4(5) | Minor and consequential amendments |
Article 3
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provisions of the Act | Subject Matter | Purpose |
| Section 13 | Sheriff’s power to make a parenting order | |
| Section 98 | Grants to local authorities regarding registration of certain landlords | |
| Sections 102 to 117 (Part 9) | Parenting orders | |
| Section 121 | Restriction of liberty orders | |
| Section 144 | Minor and consequential amendments and repeals | |
| schedule 4 | Minor and consequential amendments | |
| schedule 5 | Repeals |
(This note is not part of the Order)
This Order appoints various days for the coming into force of the provisions of the Antisocial Behaviour etc. (Scotland) Act 2004 (“the Act”).
Article 2 provides that all the provisions of the Act, so far as not then in force, should come into force on 15th November 2005. The majority of Part 7 (Housing: Antisocial behaviour notices) and Part 8 (Housing: Registration of certain landlords) of the Act will come into force on that date.
Article 3 appoints the following days for the coming into force of various provisions of the Act, namely:
(a)28th October 2004 for the provisions specified in Schedule 1 to this Order which are the majority of Parts 1 to 4 and 6 of the Act, various provisions in Part 10 (Further criminal measures), Part 11 (Fixed penalty notices) and other miscellaneous provisions;
(b)5th November 2004 for the provisions specified in Schedule 2 to this Order which relate to fixed penalty notices under the Environmental Protection Act 1990 (c. 43) and the sale of spray paint to children;
(c)1st December 2004 for the provisions specified in Schedule 3 to this Order which relate to Part 5 (Noise Nuisance);
(d)31st January 2005 for the provisions specified in Schedule 4 to this Order which are mainly about supervision requirements in the children’s hearing system and duties of local authorities; and
(e)4th April 2005 for the provisions specified in Schedule 5 to this Order which relate to restriction of liberty orders, section 13 and Part 9 (Parenting orders).
The Act received Royal Assent on 26th July 2004. Sections 141 and 145 came into force on Royal Assent.