Antisocial Behaviour etc. (Scotland) Act 2004

30Application: determinationS

This section has no associated Explanatory Notes

(1)On an application under section 28, the sheriff may, if satisfied that the conditions mentioned in subsection (2) [F1or (2A)] are met, make a closure order in respect of premises.

(2)[F2Where the application is in a case involving antisocial behaviour, the] conditions are—

(a)that a person has engaged in antisocial behaviour on the premises;

(b)that the use of the premises is associated with the occurrence of relevant harm; and

(c)that the making of the order is necessary to prevent the occurrence of such relevant harm for the period specified in the order.

[F3(2A)Where the application is in a case involving an exploitation offence, the conditions are—

(a)that it appears that—

(i)such an offence is being (or was recently) committed in the premises, or

(ii)the premises continue to be (or recently have been) used for or in connection with the commission of such an offence, and

(b)that the making of the order is necessary to prevent the commission of such an offence for the period specified in the order.]

(3)The sheriff shall, in determining whether to make a closure order in respect of premises, have regard to—

(a)the ability of any person who habitually resides in the premises to find alternative accommodation; and

(b)any vulnerability of any person such as is mentioned in paragraph (a) who has not been [F4 (as the case may be)—

(i)engaged in antisocial behaviour which has occurred in the premises, or

(ii)involved in the commission of an exploitation offence in or connected with the premises.]

[F5(3A)For the purpose of paragraph (b)(ii) of subsection (3), a person such as is mentioned in paragraph (a) of that subsection is not involved in the commission of an exploitation offence where that person is the victim of the offence.]

(4)Subject to subsection (5), the sheriff shall determine an application under section 28 no later than the second court day after the day on which the application is made.

(5)The sheriff may postpone determination of the application for a period of not more than 14 days to enable a person mentioned in subsection (6) to show why a closure order should not be made.

(6)Those persons are—

(a)the occupier of the premises specified in the closure notice upon which the application proceeds;

(b)any person who has control of or responsibility for those premises;

(c)any other person with an interest in those premises.

(7)Where, under subsection (5), the sheriff postpones determination of an application, the sheriff may order that the closure notice upon which the application proceeds shall continue in effect until the determination of the application.

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