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Antisocial Behaviour etc. (Scotland) Act 2004
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Antisocial Behaviour etc. (Scotland) Act 2004, Section 32 is up to date with all changes known to be in force on or before 02 February 2025. 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.
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- s. 85B inserted by 2014 asp 14 s. 21(1)
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 85B inserted by 2014 asp 14 s. 21(1)
32ExtensionS
This section has no associated Explanatory Notes
(1)The sheriff may, on the application of a senior police officer and if satisfied that it is necessary to do so to prevent the occurrence of relevant harm, make an order extending the period for which a closure order has effect for a period not exceeding the maximum period.
[F1(1A)The sheriff may, on the application of a senior police officer and if satisfied that it is necessary to do so to prevent the commission of an exploitation offence, make an order extending the period for which a closure order has effect for a period not exceeding the maximum period.]
(2)In [F2subsections (1) and (1A)], the “maximum period” is the period of 6 months less—
(a)the period specified in the order when it was made; and
(b)if the order has previously been extended, the total period for which it was previously extended.
(3)A senior police officer may [F3, in a case involving antisocial behaviour,] make an application under [F4subsection (1)] only if—
(a)it is made while the closure order has effect; and
(b)the senior police officer—
(i)has reasonable grounds for believing that it is necessary to extend the period for which the closure order has effect for the purpose of preventing the occurrence of relevant harm; and
(ii)is satisfied that the appropriate local authority has been consulted about the intention to make the application.
[F5(3A)A senior police officer may, in a case involving an exploitation offence, make an application under subsection (1A) only if—
(a)it is made while the closure order has effect, and
(b)the senior police officer—
(i)has reasonable grounds for believing that it is necessary to extend the period for which the closure order has effect for the purpose of preventing the commission of an exploitation offence, and
(ii)is satisfied that the appropriate local authority has been consulted about the intention to make the application.]
Textual Amendments
F1S. 32(1A) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 99(4)(a), 206; S.S.I. 2010/413, art. 2, Sch (with art. 6)
F2Words in s. 32(2) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 99(4)(b), 206; S.S.I. 2010/413, art. 2, Sch (with art. 6)
F3Words in s. 32(3) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 99(4)(c)(i), 206; S.S.I. 2010/413, art. 2, Sch (with art. 6)
F4Words in s. 32(3) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 99(4)(c)(ii), 206; S.S.I. 2010/413, art. 2, Sch (with art. 6)
F5S. 32(3A) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 99(4)(d), 206; S.S.I. 2010/413, art. 2, Sch (with art. 6)
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