- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2013)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 01/04/2013.
Antisocial Behaviour etc. (Scotland) Act 2004, Cross Heading: Antisocial behaviour notices is up to date with all changes known to be in force on or before 31 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)Where it appears to a local authority that either person mentioned in subsection (2) is engaging in antisocial behaviour at, or in the locality of, a relevant house situated within the authority’s area, the authority may serve an antisocial behaviour notice on the landlord of the relevant house.
[F1(1A)A local authority may also serve an antisocial behaviour notice on the landlord of a relevant house situated within the authority’s area and used for holiday purposes where—
(a)the house has been used for those purposes on at least two occasions;
(b)during at least two of those occasions a person mentioned in subsection (2) has engaged in antisocial behaviour at, or in the locality of, that house; and
(c)the authority anticipates further use for those purposes that will result in antisocial behaviour by such a person.]
(2)Those persons are—
(a)any person who, by virtue of a tenancy or an occupancy arrangement, occupies the relevant house mentioned in subsection (1) [F2or, as the case may be, (1A)]; and
(b)any visitor for the time being in that house.
(3)An antisocial behaviour notice is a notice—
[F3(za)stating whether it is served under subsection (1) or subsection (1A);]
(a)[F4where the notice is served under subsection (1),] describing the antisocial behaviour that has been engaged in at, or in the locality of, the relevant house to which the notice relates by either of the persons mentioned in subsection (2);
[F5(aa)where the notice is served under subsection (1A), describing the antisocial behaviour that has been engaged in at, or in the locality of, the relevant house to which the notice relates;]
(b)[F6where the notice is served under subsection (1),] requiring the landlord of the relevant house to take, before the expiry of such period as may be specified in the notice, such action for the purpose of dealing with the antisocial behaviour as may be so specified;
[F7(ba)where the notice is served under subsection (1A), requiring the landlord of the relevant house to take, before the expiry of such period as may be specified in the notice, such action for the purpose of dealing with future antisocial behaviour as may be so specified;]
(c)stating the consequences of failure to take, within that period, the action so specified; and
(d)informing the landlord of the right to request a review under section 69(1).
(4)If the local authority is aware of the name and address of a person who acts for the landlord as respects the tenancy or occupancy arrangement relating to the relevant house, the authority shall, in addition to serving a notice on the landlord under subsection (1), give a copy of the notice to the person.
(5)If—
(a)the local authority is unable to identify the landlord, it may serve the notice under subsection (1) [F8or (1A)] by publishing it in two or more newspapers (of which one shall, if practicable, be a local newspaper) circulating in the locality of the relevant house;
(b)the local authority is aware of the landlord’s identity but is unable to ascertain the landlord’s current address, it may serve the notice under that subsection by serving it on the landlord—
(i)at the relevant house; and
(ii)if it is aware of a previous address of the landlord, at that address.
(6)For the purpose of applying this Part in relation to relevant houses which are used for holiday purposes, the Scottish Ministers may by order make such modifications of the Part as they consider necessary or expedient.
Textual Amendments
F1S. 68(1A) inserted (12.3.2011) by The Antisocial Behaviour Notices (Houses Used for Holiday Purposes) (Scotland) Order 2011 (S.S.I. 2011/201), arts. 1, 3(a)
F2Words in s. 68(2)(a) inserted (12.3.2011) by The Antisocial Behaviour Notices (Houses Used for Holiday Purposes) (Scotland) Order 2011 (S.S.I. 2011/201), arts. 1, 3(b)
F3S. 68(3)(za) inserted (12.3.2011) by The Antisocial Behaviour Notices (Houses Used for Holiday Purposes) (Scotland) Order 2011 (S.S.I. 2011/201), arts. 1, 3(c)(i)
F4Words in s. 68(3)(a) inserted (12.3.2011) by The Antisocial Behaviour Notices (Houses Used for Holiday Purposes) (Scotland) Order 2011 (S.S.I. 2011/201), arts. 1, 3(c)(ii)
F5S. 68(3)(aa) inserted (12.3.2011) by The Antisocial Behaviour Notices (Houses Used for Holiday Purposes) (Scotland) Order 2011 (S.S.I. 2011/201), arts. 1, 3(c)(iii)
F6Words in s. 68(3)(b) inserted (12.3.2011) by The Antisocial Behaviour Notices (Houses Used for Holiday Purposes) (Scotland) Order 2011 (S.S.I. 2011/201), arts. 1, 3(c)(iv)
F7S. 68(3)(ba) inserted (12.3.2011) by The Antisocial Behaviour Notices (Houses Used for Holiday Purposes) (Scotland) Order 2011 (S.S.I. 2011/201), arts. 1, 3(c)(v)
F8Words in s. 68(5)(a) inserted (12.3.2011) by The Antisocial Behaviour Notices (Houses Used for Holiday Purposes) (Scotland) Order 2011 (S.S.I. 2011/201), arts. 1, 3(d)
Commencement Information
I1S. 68 wholly in force at 30.4.2006; s. 68 not in force at Royal Assent see s. 145(2); s. 68 in force for specified purposes at 28.10.2004 and 9.11.2005 and for all other purposes at 30.4.2006 by S.S.I. 2004/420, arts. 2, 3, Schs. 1, 6 (as amended by S.S.I. 2005/553, art. 2, Sch. and S.S.I. 2006/104, art. 2)
(1)If a landlord on whom an antisocial behaviour notice is served under section 68(1) [F9or (1A)] requests the local authority that served the notice to review the notice, the local authority shall review the notice.
(2)A request under subsection (1) shall be made before the expiry of the period of 21 days beginning with the day on which the notice is served or such longer period as the authority may allow.
(3)There is no duty to carry out a review of a decision reached on review.
Textual Amendments
F9Words in s. 69(1) inserted (12.3.2011) by The Antisocial Behaviour Notices (Houses Used for Holiday Purposes) (Scotland) Order 2011 (S.S.I. 2011/201), arts. 1, 4
(1)A review of an antisocial behaviour notice under section 69(1) shall be carried out by a person (a “reviewer”) who had no involvement in the decision to issue the notice and who is senior to the person who was responsible for the processes culminating in that decision.
(2)The reviewer may—
(a)confirm the notice;
(b)vary any part of it;
(c)suspend the notice for such period as may be specified pending completion of the review; or
(d)revoke the notice.
(3)The local authority shall notify the person who requested the review of the decision reached on review and the reasons for reaching that decision.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: 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.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: 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.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
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.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys