Antisocial Behaviour etc. (Scotland) Act 2004

1 Antisocial behaviour strategies S

(1) Each local authority and [F1 the] chief constable shall, acting jointly, prepare a strategy for dealing with antisocial behaviour in the authority’s area.

(2) Each local authority shall publish the strategy.

(3) The strategy shall in particular—

(a) set out an assessment of the extent of occurrences of antisocial behaviour in the authority’s area;

(b) set out an assessment of the types of antisocial behaviour occurring in the authority’s area;

(c) specify arrangements for consulting community bodies and other persons (including in particular young persons) in each part of the authority’s area in which there are (or are likely to be) occurrences of antisocial behaviour, about how to deal with antisocial behaviour in the part;

(d) specify the range and availability in the authority’s area of any services—

(i) for persons under the age of 16 years; and

(ii) for persons generally,

which are designed to deal with antisocial behaviour occurring there, the consequences of such behaviour or the prevention of such behaviour;

(e) in so far as not specified under paragraph (d), specify the range and availability in the authority’s area of any services for—

(i) victims of antisocial behaviour;

(ii) persons who witness occurrences of antisocial behaviour; and

(iii) the provision of mediation in relation to disputes arising from antisocial behaviour; and

(f) make provision about—

(i) how the authority and the F2 ... chief constable are to co-ordinate the discharge of their functions in so far as they may be discharged in relation to antisocial behaviour in the authority’s area;

(ii) the exchange of information relating to such behaviour between the authority and the F3 ... chief constable;

(iii) the giving by the authority and the F4 ... chief constable of information of that kind to such other persons as appear to the authority and the chief constable to have an interest in dealing with antisocial behaviour and the receipt by the authority and the chief constable of information of that kind from those other persons; and

(iv) the exchange of information relating to antisocial behaviour among such other persons as are mentioned in sub-paragraph (iii).

(4) The local authority and the F5 ... chief constable—

(a) shall keep the strategy under review; and

(b) may from time to time revise the strategy.

(5) If a strategy is revised under subsection (4), the local authority shall publish the revised strategy.

(6) In preparing, reviewing and revising the strategy, the local authority shall consult—

(a) the Principal Reporter;

(b) registered social landlords which provide or manage property in the authority’s area; and

(c) such community bodies and other persons as the local authority considers appropriate.

(7) In considering which persons to consult, the local authority shall seek to include those who are representative of persons adversely affected by antisocial behaviour.

(8) Each local authority and F6 ... chief constable shall, in discharging functions under this section and in implementing a strategy as published under it, have regard to any guidance issued by the Scottish Ministers about those matters.

(9) Before issuing any such guidance, the Scottish Ministers shall consult such persons as they see fit.

(10) For the purposes of subsection (1), the Scottish Ministers may by directions require such persons as appear to them to hold information relating to antisocial behaviour to supply—

(a) such information as may be specified in the direction; or

(b) information of a description specified in the direction,

to a local authority and F7 ... chief constable.

(11) In this section—

• “community bodies” has the meaning given by section 15(4) of the Local Government in Scotland Act 2003 (asp 1); and

• [F8 “chief constable” means the chief constable of the Police Service of Scotland.]

Textual Amendments

F1 Word in s. 1(1) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 24(2)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F2 Word in s. 1(3)(f)(i) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F3 Word in s. 1(3)(f)(ii) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F4 Word in s. 1(3)(f)(iii) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F5 Word in s. 1(4) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F6 Word in s. 1(8) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F7 Word in s. 1(10) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F8 Words in s. 1(11) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 24(2)(b); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)