- Latest available (Revised)
- Original (As enacted)
Antisocial Behaviour etc. (Scotland) Act 2004, Section 92ZA is up to date with all changes known to be in force on or before 02 September 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Subsection (4) applies where—
(a)a local authority decides to—
(i)refuse to enter a person in its register under section 84(2)(b) or (7); or
(ii)remove a person from its register under section 88(8) or 89(1) [F2, (3A) ] or (4); and
(b)either—
(i)the period for making an application to the [F3First-tier Tribunal] in relation to the decision for the purposes of section 92(2) expires without an application being made; or
(ii)such application is refused by the [F4First-tier Tribunal] and—
(A)the period for appealing against the [F5First-tier Tribunal's] decision expires without an appeal being made; or
(B)such an appeal is refused by the [F6Upper Tribunal] .
(2)Subsection (4) applies where—
(a)a local authority decides to refuse to enter a person in its register under section 84(8); and
(b)either—
(i)the period for making an application to the [F7First-tier Tribunal] in relation to the decision for the purposes of section 92(2) expires without an application being made; or
(ii)such application is refused by the [F8First-tier Tribunal] and—
(A)the period for appealing against the [F9First-tier Tribunal's] decision expires without an appeal being made; or
(B)such an appeal is refused by the [F10Upper Tribunal] .
(3)Subsection (4) applies where a local authority removes a person from its register under section 89(5).
(4)Where this subsection applies, the local authority must note the fact in its register that the person has been refused entry to, or removed from, its register.
(5)Where a fact is noted by virtue of subsection (1) it must, subject to subsection (6)—
(a)remain on the register for 12 months from the date on which the local authority is required to note it in its register; and
(b)be removed from the register at the end of that period.
(6)Where a person in respect of whom a local authority notes a fact in its register by virtue of subsection (1) is subsequently entered in the register before the end of the period mentioned in subsection (5)(a), the local authority must remove the fact from the register when the person is so registered.
(7)Where a fact is noted by virtue of subsection (2) or (3) it must—
(a)remain on the register for the period of disqualification specified in the order made under section 93A(2); and
(b)be removed from the register at the end of that period.]
Textual Amendments
F1S. 92ZA inserted (1.4.2013) by Private Rented Housing (Scotland) Act 2011 (asp 14), ss. 5(2), 41(3); S.S.I. 2013/82, art. 2(1), sch.
F2Word in s. 92ZA(1)(a)(ii) inserted (31.1.2018) by Housing (Scotland) Act 2014 (asp 14), ss. 60(7), 104(3); S.S.I. 2016/412, art. 2, sch.
F3Words in s. 92ZA(1)(b)(i) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 58(a)(i); S.S.I. 2017/330, art. 3, sch.
F4Words in s. 92ZA(1)(b)(ii) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 58(a)(ii); S.S.I. 2017/330, art. 3, sch.
F5Words in s. 92ZA(1)(b)(ii)(A) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 58(a)(iii); S.S.I. 2017/330, art. 3, sch.; S.S.I. 2017/330, art. 3, sch.
F6Words in s. 92ZA(1)(b)(ii)(B) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 58(a)(iv); S.S.I. 2017/330, art. 3, sch.; S.S.I. 2017/330, art. 3, sch.
F7Words in s. 92ZA(2)(b)(i) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 58(b)(i); S.S.I. 2017/330, art. 3, sch.
F8Words in s. 92ZA(2)(b)(ii) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 58(b)(ii); S.S.I. 2017/330, art. 3, sch.
F9Words in s. 92ZA(2)(b)(ii)(A) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 58(b)(iii); S.S.I. 2017/330, art. 3, sch.; S.S.I. 2017/330, art. 3, sch.
F10Words in s. 92ZA(2)(b)(ii)(B) substituted (1.12.2017) by Housing (Scotland) Act 2014 (asp 14), s. 104(3), sch. 1 para. 58(b)(iv); S.S.I. 2017/330, art. 3, sch.; S.S.I. 2017/330, art. 3, sch.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: 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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: