Criminal Justice (Scotland) Act 2003

44 Interim anti-social behaviour orders

(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(b) in subsection (2)(a), the words “anti-social behaviour” are repealed;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”.