- Latest available (Revised)
- Original (As enacted)
Antisocial Behaviour etc. (Scotland) Act 2004, Section 128 is up to date with all changes known to be in force on or before 12 January 2025. 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(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.
Enactment | Description of offence |
---|---|
[F1Section 115 of the Licensing (Scotland) Act 2005 (asp 16) | Disorderly conduct while drunk in licensed premises and other relevant premises |
Section 116 of the Licensing (Scotland) Act 2005 (asp 16) | Refusing to leave licensed and other relevant 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 |
F2. . . | F2. . . |
Enactment | Description of offence |
---|---|
Sections 201 and 203 of the Local Government (Scotland) Act 1973 (c. 65) | Consuming alcoholic liquor in a publicPlace |
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.
Textual Amendments
F1Entries in s. 128 Table Pt. 1 substituted (5.00 a.m. on 1.9.2009 with effect as mentioned in art. 1(2) of the amending S.S.I.) by The Licensing (Scotland) Act 2005 (Consequential Provisions) Order 2009 (S.S.I. 2009/248), arts. 1(1), 2(1), Sch. 1 para. 10
F2Pt. 1 entry repealed (20.4.2018) by Offensive Behaviour at Football and Threatening Communications (Repeal) (Scotland) Act 2018 (asp 7), ss. 4, 6 (with s. 3)
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.
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: