- Latest available (Revised)
- Point in Time (12/02/2009)
- Original (As enacted)
Version Superseded: 13/12/2010
Point in time view as at 12/02/2009. This version of this provision has been superseded.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.
Antisocial Behaviour etc. (Scotland) Act 2004, Section 27 is up to date with all changes known to be in force on or before 16 August 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 and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)This section applies where the service of a closure notice in respect of premises is authorised under section 26(1).
(2)The closure notice shall be served by a constable who shall do so by—
(a)fixing a copy of the notice to—
(i)at least one prominent place on the premises;
(ii)each normal means of access to the premises; and
(iii)any outbuildings that appear to the constable to be used with or as part of the premises; and
(b)giving a copy of the notice to—
(i)each person identified in pursuance of section 26(3)(b)(ii); and
(ii)every other person appearing to the constable to be a person of a description mentioned in that subsection.
(3)If after having made reasonable enquiries at the time of serving the closure notice under subsection (2) the constable believes that the access of any person who occupies—
(a)any other part of the building; or
(b)any other structure,
in which the premises are situated would be impeded by the making of an order under section 30, the constable shall give a copy of the notice to that person.
(4)Failure to comply with subsection (2)(b) or (3) shall not affect the validity of the closure notice.
(5)The closure notice shall—
(a)specify the premises to which it relates;
(b)state that access to the premises by any person other than—
(i)a person who habitually resides in the premises; or
(ii)the owner of the premises,
is prohibited;
(c)state that failure to comply with the notice amounts to an offence;
(d)state that an application is to be made under section 28 for the closure of the premises;
(e)specify such matters about that application as may be prescribed in rules of court;
(f)explain the effects of an order made under section 30; and
(g)give information about the names of, and means of contacting, persons who and organisations which provide advice about housing and legal matters in the locality of the premises.
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: