S. 21 wholly in force at 1.4.1999; s. 21 not in force at Royal Assent see s. 121; s. 21 in force at 1.12.1998 for the purposes of sex offender orders made under s. 20 and orders made under s. 20(4)(a) by S.I. 1998/2327, art. 4(1); S. 21 in force to the extent that it is not already in force at 1.4.1999 by S.I. 1998/3263, art. 5

Words in s. 21(7)(b) inserted (1.10.2002 with application as mentioned in s. 70(9)) by Police Reform Act 2002 (c. 30), s. 70(6)(a)(9); S.I. 2002/420, art. 2

Words in s. 21(7)(b)(i) inserted (1.10.2002 with application as mentioned in s. 70(9)) by Police Reform Act 2002 (c. 30), s. 70(6)(b); S.I. 2002/420, art. 2

S. 21(7A) inserted (1.10.2002 with application as mentioned in s. 70(9)) by Police Reform Act 2002 (c. 30), s. 70(7)(9); S.I. 2002/420, art. 2

S. 21(7B) inserted (1.10.2002 with application as mentioned in s. 70(9)) by Police Reform Act 2002 (c. 30), s. 70(8)(9); S.I. 2002/420, art. 2

1967 c.77.

http://www.legislation.gov.uk/ukpga/1998/37/section/21/2002-10-01Crime and Disorder Act 1998An Act to make provision for preventing crime and disorder; to create certain racially-aggravated offences; to abolish the rebuttable presumption that a child is doli incapax and to make provision as to the effect of a child’s failure to give evidence at his trial; to abolish the death penalty for treason and piracy; to make changes to the criminal justice system; to make further provision for dealing with offenders; to make further provision with respect to remands and committals for trial and the release and recall of prisoners; to amend Chapter I of Part II of the Crime (Sentences) Act 1997 and to repeal Chapter I of Part III of the Crime and Punishment (Scotland) Act 1997; to make amendments designed to facilitate, or otherwise desirable in connection with, the consolidation of certain enactments; and for connected purposes.1998-07-31texttext/xmlenStatute Law Database2026-06-222002-10-01Crime and Disorder Act 1998Sch. 3 para. 3(11A)Criminal Justice Act 2003Sch. 3 para. 71(d)s. 336(3)(4)Crime and Disorder Act 1998s. 51(2A)-(2E)Judicial Review and Courts Act 2022s. 10(4)s. 51(4)Crime and Disorder Act 1998s. 51(3A)(3B)Judicial Review and Courts Act 2022s. 10(5)s. 51(4)Crime and Disorder Act 1998s. 51A(A1)Judicial Review and Courts Act 2022s. 10(7)s. 51(4)Crime and Disorder Act 1998s. 51A(3A)-(3E)Judicial Review and Courts Act 2022s. 10(9)s. 51(4)Crime and Disorder Act 1998s. 51A(4A)(4B)Judicial Review and Courts Act 2022s. 10(10)s. 51(4)Crime and Disorder Act 1998s. 52(2A)Judicial Review and Courts Act 2022s. 10(11)s. 51(4)Crime and Disorder Act 1998s. 47(A1)Judicial Review and Courts Act 2022s. 12(2)s. 51(4)Crime and Disorder Act 1998s. 47(1)-(1F)Judicial Review and Courts Act 2022s. 12(3)s. 51(4)Crime and Disorder Act 1998s. 47(4)(a)Judicial Review and Courts Act 2022s. 12(6)(a)s. 51(4)Crime and Disorder Act 1998s. 47(4)(a)Judicial Review and Courts Act 2022s. 12(6)(b)s. 51(4)Crime and Disorder Act 1998s. 47(4)(b) and wordJudicial Review and Courts Act 2022s. 12(6)(c)s. 51(4)Crime and Disorder Act 1998s. 47(4A)Judicial Review and Courts Act 2022s. 12(7)s. 51(4)Crime and Disorder Act 1998s. 50A(6)Judicial Review and Courts Act 2022Sch. 2 para. 8(2)(b)s. 51(4)Crime and Disorder Act 1998s. 1(1C)Crime and Security Act 2010s. 40(2)s. 59(1)Crime and Disorder Act 1998s. 8ACrime and Security Act 2010s. 41(3)s. 59(1)Crime and Disorder Act 1998s. 9(2)(d) and wordCrime and Security Act 2010s. 41(4)(b)s. 59(1)Crime and Disorder Act 1998s. 9(2AA)Crime and Security Act 2010s. 41(4)(c)s. 59(1)Crime and Disorder Act 1998s. 8AAnti-social Behaviour, Crime and Policing Act 2014Sch. 11 para. 24(c)s. 213342587593s. 185(1)art. 4(f)(vi)Crime and Disorder Act 1998s. 9(2)(d) and wordAnti-social Behaviour, Crime and Policing Act 2014Sch. 11 para. 26(4)(a)s. 213342587593s. 185(1)art. 3(g)(iv)art. 4Crime and Disorder Act 1998s. 9(2AA)Anti-social Behaviour, Crime and Policing Act 2014Sch. 11 para. 26(5)s. 213342587593s. 185(1)art. 3(g)(iv)art. 4Crime and Disorder Act 1998s. 41(5)(i)(ii)Counter-Terrorism and Sentencing Act 2021Sch. 13 para. 37(3)s. 50(3)(j)Part I Prevention of crime and disorderChapter II Scotland
21 Procedural provisions with respect to orders.(1)

Before making an application under—

(a)

section 19(1) above;

(b)

subsection (7)(b)(i) below,

the local authority shall consult the relevant chief constable.

(2)

Before making an application under section 20(1) above or subsection (7)(b)(i) below, the chief constable shall consult the local authority within whose area the person in respect of whom the order is sought is for the time being.

(3)

In subsection (1) above “relevant chief constable” means the chief constable of the police force maintained under the Police (Scotland) Act 1967 the area of which includes the area of the local authority making the application.

(4)

A failure to comply with subsection (1) or (2) above shall not affect the validity of an order made on any application to which either of those subsections applies.

(5)

A record of evidence shall be kept on any summary application under section 19 or 20 above or subsection (7)(b) below.

(6)

Subsections (7) to (9) below apply to anti-social behaviour orders and sex offender orders and subsections (8) and (9) below apply to an order made under section 20(4)(a) above.

(7)

An order to which this subsection applies—

(a)

shall have effect for a period specified in the order or indefinitely; and

(b)

may at any time be varied or revoked (in the case of a sex offender order, by the appropriate court for that order) on a summary application by—

(i)

the local authority or, as the case may be, chief constable who obtained the order or, in the case of a sex offender order, any other relevant chief constable ; or

(ii)

the person subject to the order.

(7A)

In subsection (7) above—

“the appropriate court” means—

(a)

the sheriff who made the sex offender order; or

(b)

the sheriff whose sheriffdom includes any part of the area of the applicant’s police force or of the police force of any other relevant chief constable;

“relevant chief constable” means a chief constable who believes that the accused is in, or is intending to come to, the area of his police force.

(7B)

Where a sheriff makes a sex offender order in relation to a person who is already subject to such an order (whether made by that court or another), the earlier order is discharged by the making of the subsequent one.

(8)

The clerk of the court by which an order to which this subsection applies is made or varied shall cause a copy of the order as so made or varied to be—

(a)

given to the person named in the order; or

(b)

sent to the person so named by registered post or by the recorded delivery service.

(9)

An acknowledgement or certificate of delivery of a letter sent under subsection (8)(b) above issued by the Post Office shall be sufficient evidence of the delivery of the letter on the day specified in such acknowledgement or certificate.

(10)

Where an appeal is lodged against the determination of an application under section 19 or 20 above or subsection (7)(b) above, any order made on the application shall, without prejudice to the determination of an application under subsection (7)(b) above made after the lodging of the appeal, continue to have effect pending the disposal of the appeal.