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Changes over time for: Cross Heading: Offences to which this Part applies
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Version Superseded: 01/09/2009
Status:
Point in time view as at 28/10/2004.
Changes to legislation:
Antisocial Behaviour etc. (Scotland) Act 2004, Cross Heading: Offences to which this Part applies is up to date with all changes known to be in force on or before 28 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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Offences to which this Part appliesS
128Fixed penalty offencesS
(1)For the purposes of this Part “fixed penalty offence” means—
(a)an offence under an enactment mentioned in the first column in Part 1 of the following table and described, in general terms, in the second column in that Part;
(b)an offence created in subordinate legislation made under an enactment mentioned in the first column in Part 2 of the table which is of the general description mentioned in the second column in that Part; and
(c)a common law offence mentioned in Part 3 of the table.
Table
Part 1
Enactment | Description of offence |
---|
Section 78 of the Licensing (Scotland) Act 1976 (c. 66) | Riotous behaviour while drunk in licensed premises |
Section 79 of the Licensing (Scotland) Act 1976 (c. 66) | Refusing to leave licensed premises on being requested to do so |
Section 47 of the Civic Government (Scotland) Act 1982 (c. 45) | Urinating or defecating in circumstances causing annoyance to others |
Section 50(1) of the Civic Government (Scotland) Act 1982 (c. 45) | Being drunk and incapable in a public place |
Section 50(2) of the Civic Government (Scotland) Act 1982 (c. 45) | Being drunk in a public place in charge of a child |
Section 54(1) of the Civic Government (Scotland) Act 1982 (c. 45) | Persisting, to annoyance of others, in playing musical instruments, singing, playing radios etc. on being required to stop |
Section 52(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) | Vandalism |
Part 2
Enactment | Description of offence |
---|
Sections 201 and 203 of the Local Government (Scotland) Act 1973 (c. 65) | Consuming alcoholic liquor in a publicPlace |
Part 3
Common law offence |
---|
Breach of the peace |
Malicious mischief |
(2)The Scottish Ministers may by order—
(a)amend an entry in the table;
(b)add an entry to the table;
(c)remove an entry from the table.
(3)An order under subsection (2) may make such amendment of any provision of this Part as the Scottish Ministers consider appropriate in consequence of any amendment of, or addition to or removal from, the table made by the order.
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