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Crime and Disorder Act 1998

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Chapter IIS Scotland

19 Anti-social behaviour orders.S

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20 Sex offender orders.S

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21 Procedural provisions with respect to orders.S

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F421A Sex offender orders made in England and Wales or Northern IrelandS

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

22 Offences in connection with breach of orders.S

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F722AAnti-social behaviour strategiesS

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

23 Anti-social behaviour as ground of eviction.S

(1)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For Ground 15 in Schedule 5 to the M1Housing (Scotland) Act 1988 (eviction on ground of use of premises for immoral or illegal purposes etc.) there shall be substituted the following—

Ground 15

The tenant, a person residing or lodging in the house with the tenant or a person visiting the house has—

(a)been convicted of—

(i)using or allowing the house to be used for immoral or illegal purposes; or

(ii)an offence punishable by imprisonment committed in, or in the locality of, the house; or

(b)acted in an anti-social manner in relation to a person residing, visiting or otherwise engaging in lawful activity in the locality; or

(c)pursued a course of anti-social conduct in relation to such a person as is mentioned in head (b) above.

In this Ground “anti-social”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance, “conduct” includes speech and a course of conduct must involve conduct on at least two occasions and “tenant” includes any one of joint tenants.

(5)No person shall be liable to eviction under paragraph 2 or 7 of Schedule 3 to the M2Housing (Scotland) Act 1987 or Ground 15 in Schedule 5 to the M3Housing (Scotland) Act 1988 as substituted respectively by subsection (2), (3) and (4) above in respect of any act or conduct before the commencement of this section unless he would have been liable to be evicted under those paragraphs or, as the case may be, that Ground as they had effect before that substitution.

24 Noise-making equipment: police power of seizure.S

(1)The M4Civic Government (Scotland) Act 1982 shall be amended in accordance with this section.

(2)In section 54 (offence of playing instruments, etc.), after subsection (2) there shall be inserted the following subsections—

(2A)Where a constable reasonably suspects that an offence under subsection (1) above has been committed in relation to a musical instrument or in relation to such a device as is mentioned in paragraph (c) of that subsection, he may enter any premises on which he reasonably suspects that instrument or device to be and seize any such instrument or device he finds there.

(2B)A constable may use reasonable force in the exercise of the power conferred by subsection (2A) above.

(2C)Schedule 2A to this Act (which makes provision in relation to the retention and disposal of property seized under subsection (2A) above) shall have effect.

(3)In section 60 (powers of search and seizure)—

(a)in subsection (5)—

(i)after the words “Nothing in” there shall be inserted the words “ section 54(2A) of this Act or ”; and

(ii)for the words from “which” to the end there shall be substituted the words “ which is otherwise exercisable by a constable ”; and

(b)in subsection (6)—

(i)in paragraph (a), for the words from “in pursuance” to the word “vessel” there shall be substituted the words— to enter and search—

(i)any premises in pursuance of section 54(2A) of this Act or of subsection (1) above; or

(ii)any vehicle or vessel in pursuance of the said subsection (1),; and

(ii)in paragraph (c), after “under” there shall be inserted the words “ section 54(2A) of this Act or ”.

(4)After Schedule 2 there shall be inserted the Schedule set out in Schedule 1 to this Act.

Marginal Citations

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