Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Anti social Behaviour Orders) 2003

Amendment of the Summary Applications Rules

2.—(1) The Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999(1) is amended in accordance with paragraph (2).

(2) In Chapter 3 (rules on applications under specific statutes), after Part XXI (Immigration and Asylum Act 1999(2)) insert–

“PART XXII CRIME AND DISORDER ACT 1998

Interpretation

3.22.1.   In this Part–

“the Act” means the Crime and Disorder Act 1998(3);

“interim ASBO” means an ASBO made under section 19(2A) of the Act(4); and

“ASBO” means an anti-social behaviour order made under section 19(3) of the Act.

Application for an interim ASBO

3.22.2.— (1) An application for an interim ASBO shall be made by crave in the initial writ in which an ASBO is sought.

(2) An application for an interim ASBO once craved shall be moved by motion to that effect.

(3) The sheriff shall not consider an application for an interim ASBO until after service of the initial writ has been effected on the person in respect of whom that application is made.

Intimation of an ASBO

3.22.3.   The pursuer shall forthwith intimate the making or recall of an ASBO or an interim ASBO to the relevant Chief Constable.”.

(1)

S.I. 1999/929; amended by S.S.I. 2000/148 and 387, 2001/142, and 2002/7 and 129, 130, 146 and 563, and 2003/26, 27, 98 and 261.

(2)

1999 c. 33.

(3)

1998 c. 37.

(4)

Section 19(2A) is prospectively inserted by the Criminal Justice (Scotland) Act 2003 (asp 7), section 44.