- Latest available (Revised)
- Point in Time (01/05/2004)
- Original (As enacted)
Version Superseded: 28/10/2004
Point in time view as at 01/05/2004. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Criminal Justice (Scotland) Act 2003, Section 44.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)In section 19 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders), after subsection (2) there is inserted—
“(2A)On an application made under subsection (1) above, being an application of which the person in respect of whom it is made has received intimation, the sheriff may, pending its determination, make such interim order as the sheriff considers appropriate provided that he is satisfied—
(a)that were the actings or conduct complained of in the application established, the condition mentioned in paragraph (a) of that subsection would be fulfilled; and
(b)that such an interim order is necessary for the purpose mentioned in paragraph (b) of that subsection.”.
(2)In section 21 of that Act (procedural provisions with respect to orders)—
(a)in subsection (6), after the word “section” there is inserted “ 19(2A) or ”; and
(b)after subsection (9) there is inserted—
“(9A)An interlocutor granting or refusing, under section 19(2A) above, an interim order is an appealable interlocutor.
(9B)Where an appeal is taken, by virtue of subsection (9A) above, against an interlocutor granting an interim order that order shall, without prejudice to any power of the court to vary or recall it, continue to have effect pending the disposal of the appeal.”.
(3)In section 22 of that Act (offences in connection with breach of orders)—
(a)in subsection (1), after the words “anti-social behaviour order” there is inserted “ , or an interim order under section 19(2A) above, ”;
(b)in subsection (2)(a), the words “anti-social behaviour” are repealed;
(c)in each of subsections (3)(a) and (4), for the words “an anti-social behaviour order” there is substituted “ the order so referred to ”; and
(d)in subsection (6), after the words “in relation to” where they occur for the second time, there is inserted “ an order under section 19(2A) above and to ”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: