Antisocial Behaviour etc. (Scotland) Act 2004

• (1) A notice displaying the statement— “ It is illegal to sell a spray paint device to anyone under the age of 16 ”

shall be exhibited at an appropriate place at every premises at which spray paint devices are sold by retail.

• (2) In subsection (1), “appropriate place” means a prominent position where the statement is readily visible to persons at the point of sale of spray paint devices.

• (3) The dimensions of the notice to be exhibited in accordance with subsection (1), and the size of the statement to be displayed on it, shall be such as may be prescribed by regulations made by the Scottish Ministers.

• (4) Where—

• (a) a person carries on a business involving the retail of spray paint devices at any premises; and

• (b) no notice is exhibited in accordance with subsection (1) at those premises,

that person shall be guilty of an offence.

• (5) A person guilty of an offence under subsection (4) shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

• (6) It shall be a defence for a person charged with an offence under subsection (4) to show that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

• (7) Where an offence under subsection (4) is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to, any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of that offence.

• (8) In subsection (7), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

• (9) Where an offence under subsection (4) is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership shall be guilty of that offence.

• (10) In this section—

• “premises” includes—any place; andany vehicle, vessel, aircraft, hovercraft, stall or moveable structure; and

• “spray paint device” has (except where it appears in the statement set out in subsection (1)) the same meaning as in section 122(1).

Offences under sections 122 and 123: enforcement

124

• (1) A local authority shall, within its area, enforce sections 122 and 123.

• (2) Subsection (1) does not authorise a local authority to institute proceedings for an offence under section 122(1) or 123(4).

Offences under sections 122 and 123: powers of entry, inspection and seizure

125

• (1) Subject to subsection (3), an authorised officer of a local authority may at any reasonable hour exercise any of the powers conferred by subsections (4) to (7).

• (2) In subsection (1), “authorised officer”, in relation to a local authority, means an officer of the authority authorised in writing by it for the purposes of this section.

• (3) An officer seeking to exercise a power mentioned in subsection (1) shall, if requested, produce evidence of identity and authorisation.

• (4) The officer may, for the purpose of ascertaining whether a relevant offence has been committed—

• (a) inspect any goods; and

• (b) enter any premises (other than premises used only as a dwelling).

• (5) If the officer has reasonable cause to suspect that a relevant offence has been committed, the officer may, for the purpose of ascertaining whether it has been committed—

• (a) require any person carrying on, or employed in connection with, a business, to produce any records relating to the business; and

• (b) take copies of, or of any entry in, any records produced by virtue of paragraph (a).

• (6) If the officer has reasonable cause to believe that a relevant offence has been committed, the officer may, for the purpose of ascertaining, by testing or otherwise, whether it has been committed, seize and detain any goods.

• (7) The officer may seize and detain any goods or records which the officer has reason to believe may be required as evidence in proceedings for a relevant offence.

• (8) In this section, “relevant offence” means an offence under section 122(1) or 123(4).

Seizure of vehicles

Vehicles used in manner causing alarm, distress or annoyance

126

• (1) Where—

• (a) regulations under section 127 are in force; and

• (b) subsection (2) applies,

a constable in uniform may exercise the powers mentioned in subsection (3).

• (2) This subsection applies where the constable has reasonable grounds for believing that a motor vehicle—

• (a) is being used on any occasion in a manner which—

• (i) contravenes section 3 or 34 of the Road Traffic Act 1988 (c. 52) (careless and inconsiderate driving and prohibition of off-road driving); and

• (ii) is causing, or is likely to cause, alarm, distress or annoyance to members of the public; or

• (b) has been used on any occasion in a manner which—

• (i) contravened either of those sections of that Act; and

• (ii) caused, or was likely to cause, such alarm, distress or annoyance.

• (3) The powers are—

• (a) if the motor vehicle is moving, power to order the person driving it to stop the vehicle;

• (b) subject to subsection (4), power to seize and remove the motor vehicle;

• (c) for the purposes of exercising a power falling within paragraph (a) or (b), power to enter any premises (other than a private dwelling house) on which the constable has reasonable grounds for believing the motor vehicle to be;

• (d) power to use reasonable force, if necessary, in the exercise of a power conferred by any of paragraphs (a) to (c).

• (4) Subject to subsection (5), the constable shall not seize the motor vehicle unless—

• (a) where the case falls within subsection (2)(a)—

• (i) the constable has warned the person who is using the motor vehicle in the manner mentioned in that subsection that if the use continues the constable will seize the vehicle; and

• (ii) it appears to the constable that, after the warning, the use has continued; or

• (b) where the case falls within subsection (2)(b)—

• (i) the constable has warned the person who used the motor vehicle in the manner mentioned in that subsection that if the use is repeated, the constable will seize the vehicle; and

• (ii) it appears to the constable that, after the warning, the use has been repeated.

• (5) Subsection (4) does not require a warning to be given by a constable on any occasion on which the constable would otherwise have the power to seize a motor vehicle under this section if—

• (a) the circumstances make it impracticable for the constable to give the warning;

• (b) the constable has already on that occasion given a warning under that subsection in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person; or

• (c) the constable has reasonable grounds for believing—

• (i) that such a warning has been given on that occasion otherwise than by that constable; or

• (ii) that the person whose use of that motor vehicle on that occasion would justify the seizure is a person to whom a warning under that subsection has been given (whether or not by that constable or in respect of the same vehicle or the same or a similar use) on a previous occasion in the previous 12 months.

• (6) A person who fails to comply with an order under subsection (3)(a) shall be guilty of an offence.

• (7) A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (8) In this section—

• “driving” has the same meaning as in the Road Traffic Act 1988 (c. 52);

• “motor vehicle” means any mechanically propelled vehicle, whether or not it is intended or adapted for use on roads; and

• “private dwelling house” does not include—any garage or other structure occupied with the dwelling house; orany land appurtenant to the dwelling house.

Retention etc. of vehicles seized under section 126

127

• (1) The Scottish Ministers may by regulations make provision as to—

• (a) the removal and retention of motor vehicles seized under section 126; and

• (b) the release or disposal of such vehicles.

• (2) Regulations under subsection (1) may in particular make provision for or in connection with—

• (a) the giving of notice of the seizure of a motor vehicle under section 126 to a person who—

• (i) is the owner of that vehicle; or

• (ii) in accordance with the regulations, appears to be its owner;

• (b) the procedure by which a person who claims to be the owner of a motor vehicle seized under section 126 may seek to have it released;

• (c) requiring the payment of fees, charges or other costs in relation to—

• (i) the removal and retention of such a motor vehicle; and

• (ii) any application for its release;

• (d) the circumstances in which a motor vehicle seized under section 126 may be disposed of;

• (e) the delivery to a local authority, in circumstances prescribed by or determined in accordance with the regulations, of any motor vehicle seized under section 126.

• (3) Regulations under subsection (1) shall provide that a person who would otherwise be liable to pay any fee or charge under the regulations shall not be liable to pay it if—

• (a) the use by reference to which the motor vehicle concerned was seized was not a use by that person; and

• (b) the person—

• (i) did not know of the use of the vehicle in the manner that led to its seizure;

• (ii) had not consented to its use in that manner; and

• (iii) could not, by the taking of reasonable steps, have prevented its use in that manner.

• (4) In this section, “motor vehicle” has the same meaning as in section 126.

Part 11 — Fixed penalties

Offences to which this Part applies

Fixed penalty offences

128

• (1) For the purposes of this Part “fixed penalty offence” means—

• (a) an offence under an enactment mentioned in the first column in Part 1 of the following table and described, in general terms, in the second column in that Part;

• (b) an offence created in subordinate legislation made under an enactment mentioned in the first column in Part 2 of the table which is of the general description mentioned in the second column in that Part; and

• (c) a common law offence mentioned in Part 3 of the table.

Enactment	Description of offence
Section 115 of the Licensing (Scotland) Act 2005 (asp 16)	Disorderly conduct while drunk in licensed premises and other relevant premises
Section 116 of the Licensing (Scotland) Act 2005 (asp 16)	Refusing to leave licensed and other relevant premises on being requested to do so
Section 47 of the Civic Government (Scotland) Act 1982 (c. 45)	Urinating or defecating in circumstances causing annoyance to others
Section 50(1) of the Civic Government (Scotland) Act 1982 (c. 45)	Being drunk and incapable in a public place
Section 50(2) of the Civic Government (Scotland) Act 1982 (c. 45)	Being drunk in a public place in charge of a child
Section 54(1) of the Civic Government (Scotland) Act 1982 (c. 45)	Persisting, to annoyance of others, in playing musical instruments, singing, playing radios etc. on being required to stop
Section 52(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)	Vandalism
Section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 10)	Threatening or abusive behaviour
. . .	. . .
Enactment	Description of offence
---	---
Sections 201 and 203 of the Local Government (Scotland) Act 1973 (c. 65)	Consuming alcoholic liquor in a publicPlace

Common law offence
Breach of the peace
Malicious mischief

• (2) The Scottish Ministers may by order—

• (a) amend an entry in the table;

• (b) add an entry to the table;

• (c) remove an entry from the table.

• (3) An order under subsection (2) may make such amendment of any provision of this Part as the Scottish Ministers consider appropriate in consequence of any amendment of, or addition to or removal from, the table made by the order.

Fixed penalty notices and penalties

Fixed penalty notices

129

• (1) A constable who has reason to believe that a person aged 16 or over has committed a fixed penalty offence in a prescribed area may give the person a fixed penalty notice in respect of the offence.

• (2) In subsection (1)—

• “fixed penalty notice” means a notice offering the opportunity, by paying a fixed penalty in accordance with this Part, to discharge any liability to be convicted of the offence to which the notice relates; and

• “prescribed area” means an area prescribed by the Scottish Ministers by regulations.

Amount of fixed penalty and form of fixed penalty notice

130

• (1) Subject to subsection (2), the penalty payable in respect of a fixed penalty offence is such amount as the Scottish Ministers may specify by order.

• (2) The Scottish Ministers may not specify an amount exceeding level 2 on the standard scale.

• (3) A fixed penalty notice shall—

• (a) state the alleged offence;

• (b) give such particulars of the circumstances alleged to constitute the offence as are necessary to provide reasonable information about it;

• (c) state the amount of the fixed penalty;

• (d) state the clerk of the justice of the peace court to whom, and the address at which, the fixed penalty may be paid;

• (e) inform the person to whom it is given of the right to ask to be tried for the alleged offence and explain how that right may be exercised; and

• (f) include such other information as the Scottish Ministers may by order prescribe.

Effect of fixed penalty notice

131

• (1) This section applies if a fixed penalty notice is given to a person (“A”) under section 129.

• (2) Subject to subsection (3), proceedings may not be brought against A.

• (3) If A asks to be tried for the alleged offence, proceedings may be brought against A.

• (4) Such a request shall be made by a notice given by A—

• (a) in the manner specified in the fixed penalty notice; and

• (b) before the end of the period of 28 days beginning with the day on which the notice is given.

• (5) If, by the end of the period mentioned in paragraph (b) of subsection (4)—

• (a) the fixed penalty has not been paid in accordance with this Part; and

• (b) A has not made a request in accordance with that subsection,

then A is liable to pay to the clerk of the justice of the peace court specified in the fixed penalty notice a sum equal to one and a half times the amount of the fixed penalty.

• (6) A sum for which A is liable by virtue of subsection (5) shall be treated as if it were a fine imposed by the justice of the peace court specified in the fixed penalty notice.

Payment of fixed penalty

132

• (1) The fixed penalty stated in a fixed penalty notice is payable to the clerk of the justice of the peace court specified in the notice.

• (2) Payment of the penalty may be made by properly addressing, pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise).

• (3) Subsection (4) applies if a person—

• (a) claims to have made payment in accordance with subsection (2); and

• (b) shows that a letter was posted.

• (4) Unless the contrary is proved, payment is to be regarded as being made at the time at which the letter would be delivered in the ordinary course of post.

• (5) Subsection (2) is not to be read as preventing the payment of a penalty by other means.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) A letter is properly addressed for the purposes of subsection (2) if it is addressed in accordance with the requirements specified in the fixed penalty notice.

Revocation of fixed penalty notices

Revocation of fixed penalty notices

133

• (1) If—

• (a) a fixed penalty notice is given to a person under section 129; and

• (b) a constable determines that either of the conditions mentioned in subsection (2) is satisfied,

the constable may revoke the notice.

• (2) Those conditions are—

• (a) that the offence to which the fixed penalty notice relates was not committed; and

• (b) that the notice ought not to have been issued to the person named as the person to whom it was issued.

• (3) Where a fixed penalty notice is revoked—

• (a) no amount shall be payable by way of fixed penalty in pursuance of that notice; and

• (b) any amount paid by way of fixed penalty in pursuance of that notice shall be repaid to the person who paid it.

Interpretation

Interpretation of Part 11

134

In this Part—

• “fixed penalty notice” has the meaning given by section 129(2); and

• “fixed penalty offence” has the meaning given in section 128(1).

Part 12 — Children’s hearings

Supervision requirements

Supervision requirements: conditions restricting movement

135

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supervision requirements: duties of local authorities

136

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Failure to provide education for excluded pupils

Failure to provide education for excluded pupils: reference

137

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 13 — Miscellaneous and general

Miscellaneous

Privacy of certain proceedings

138

• (1) Subject to subsection (2)—

• (a) proceedings mentioned in subsection (4) shall be conducted and determined in private; and

• (b) no person other than a person whose presence is necessary for their proper consideration shall be present.

• (2) The court before which particular proceedings are taking place may direct that the proceedings—

• (a) shall take place in public; or

• (b) shall take place in the presence of such additional persons as the court may direct.

• (3) A direction under subsection (2) may be given in respect of the whole, or any part, of proceedings.

• (4) The proceedings referred to in subsection (1) are—

• (a) proceedings before a sheriff on an application for—

• (i) an order under section 4(1) in respect of a child;

• (ii) the variation, or revocation, under section 5(1) of such an order;

• (iii) an order under section 102(1); or

• (iv) the variation, or revocation, under section 105(1) of an order made under section 13(1) or 102(1);

• (b) proceedings before a sheriff for the purpose of considering whether—

• (i) to make an order under section 7(2) in respect of a child;

• (ii) to recall such an order;

• (iii) to make a requirement under section 12(1);

• (iv) to make an order under section 13(1); or

• (v) to make an order under section 105(5); and

• (c) an appeal arising from proceedings mentioned in paragraph (a) or (b).

Disclosure and sharing of information

139

• (1) Where subsection (2) applies, any person who, apart from this subsection—

• (a) would not have power to disclose information to a relevant authority; or

• (b) would be by virtue of any enactment (including subsection (3)) or rule of law susceptible to a sanction or other remedy if the person disclosed the information,

shall have that power or shall not be susceptible to that sanction or remedy.

• (2) This subsection applies if the disclosure is necessary or expedient for the purposes of any provision of—

• (a) this Act; or

• (b) any other enactment the purpose of which is to make provision for or in connection with antisocial behaviour or its effects.

• (3) Subject to subsection (4), where—

• (a) by virtue of subsection (1) a person discloses to a relevant authority information in respect of which the person is subject to a duty of confidentiality; and

• (b) on disclosing the information, the person informs the authority of the breach of the duty,

the authority shall not disclose the information.

• (4) Subsection (3) shall not prevent disclosure in any case where disclosure is permitted or required by virtue of any enactment or rule of law.

• (5) In subsections (1) and (3), “relevant authority” means—

• (a) a local authority;

• (b) the chief constable of the Police Service of Scotland;

• (c) the Principal Reporter;

• (d) a registered social landlord;

• (e) an authority administering housing benefit;

• (f) a person providing services relating to housing benefit to, or authorised to discharge any function relating to housing benefit of—

• (i) a local authority; or

• (ii) an authority administering housing benefit.

• (6) Any person who, by virtue of this Act, must or may provide information or who provides or receives information for the purposes of any provision of this Act shall have regard to any relevant guidance given by the Scottish Ministers.

• (7) The Scottish Ministers may, by order, modify the meaning of “relevant authority” in subsection (5).

Equal opportunities

140

• (1) Any person discharging a function by virtue of this Act shall discharge that function in a manner that encourages equal opportunities and in particular the observance of the equal opportunity requirements.

• (2) In subsection (1), “equal opportunities” and “equal opportunity requirements” have the same meanings as in Section L2 of Part II of Schedule 5 to the Scotland Act 1998 (c. 46).

General

Orders and regulations

141

• (1) Any power conferred by this Act on the Scottish Ministers to make orders or regulations shall be exercisable by statutory instrument.

• (2) Any power conferred by this Act on the Scottish Ministers to make orders or regulations—

• (a) may be exercised so as to make different provision for different cases or descriptions of case or for different purposes; and

• (b) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Scottish Ministers consider appropriate.

• (3) A statutory instrument containing an order or regulations made under this Act (other than an order under section 145(2)) shall, subject to subsection (4), be subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (4) A statutory instrument containing—

• (a) an order under section 53(1), 59(1), 68(6), 83(7), 85(9), 103(3), 128(2) or 139(7); or

• (b) regulations under section 26(2),

shall not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

Directions

142

• (1) Any power conferred by virtue of this Act on the Scottish Ministers to give a direction shall include power to vary or revoke the direction.

• (2) Any direction given by virtue of this Act by the Scottish Ministers shall be in writing.

Interpretation: “antisocial behaviour” and other expressions

143

• (1) For the purposes of this Act (other than Parts 7 and 8), a person (“A”) engages in antisocial behaviour if A—

• (a) acts in a manner that causes or is likely to cause alarm or distress; or

• (b) pursues a course of conduct that causes or is likely to cause alarm or distress,

to at least one person who is not of the same household as A; and “antisocial behaviour” shall be construed accordingly.

• (2) In this Act, unless the context otherwise requires—

• “conduct” includes speech; and a course of conduct must involve conduct on at least two occasions;

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39); and “area”, in relation to a local authority, means the local government area (within the meaning of that Act) for which the council is constituted;

• “registered social landlord” means a body registered in the register maintained under section 20(1) of the Housing (Scotland) Act 2010 (asp 17) ; and

• “senior police officer” has the meaning given by section 19(1).

Minor and consequential amendments and repeals

144

• (1) Schedule 4 (which contains minor amendments and amendments consequential on the provisions of this Act) shall have effect.

• (2) The enactments mentioned in the first column in schedule 5 (which include enactments that are spent) are repealed to the extent set out in the second column.

Short title and commencement

145

• (1) This Act may be cited as the Antisocial Behaviour etc. (Scotland) Act 2004.

• (2) This Act (other than this section and section 141) shall come into force on such day as the Scottish Ministers may by order appoint.

SCHEDULE 1

Interpretation

1

In this schedule—

• (a) “noise offence” means, in relation to equipment seized under section 47(2), an offence under section 45;

• (b) “seized equipment” means equipment seized in the exercise of the power of seizure and removal conferred by section 47(2);

• (c) “related equipment”, in relation to any conviction of, or proceedings for a noise offence, means seized equipment used or alleged to have been used in the commission of the offence;

• (d) “responsible local authority”, in relation to seized equipment, means the local authority by or on whose behalf the equipment was seized.

Retention

2

• (1) Any seized equipment may be retained—

• (a) during the period of 28 days beginning with the seizure; or

• (b) if it is related equipment in proceedings for a noise offence instituted within that period against any person, until—

• (i) that person is sentenced or otherwise dealt with for, or acquitted of, the offence; or

• (ii) the proceedings are discontinued.

• (2) Sub-paragraph (1) does not authorise the retention of seized equipment if—

• (a) a person has been given a fixed penalty notice under section 46 in respect of any noise;

• (b) the equipment was seized because of its use in the emission of the noise in respect of which the fixed penalty notice was given; and

• (c) that person has paid the fixed penalty before the end of the period allowed for its payment.

Forfeiture

3

• (1) Where a person is convicted of a noise offence the court may make an order (a “forfeiture order”) for forfeiture of any related equipment.

• (2) The court may make a forfeiture order whether or not it deals also with the offender in respect of the offence in any other way and without regard to any restrictions on forfeiture in any enactment.

• (3) In considering whether to make a forfeiture order in respect of any equipment, a court shall have regard—

• (a) to the value of the equipment; and

• (b) to the likely financial and other effects on the offender of the making of the order (taken with any other order that the court contemplates making).

• (4) A forfeiture order operates to deprive the offender of any rights in the equipment to which it relates.

Consequences of forfeiture

4

• (1) Where any equipment has been forfeited under paragraph 3, the sheriff may, on the application of a person (other than the person in whose case the forfeiture order was made) who claims the equipment, make an order for delivery of the equipment to the applicant.

• (2) An order such as is mentioned in sub-paragraph (1) may only be made if the sheriff is satisfied that the applicant is the owner of the equipment.

• (3) No application may be made under sub-paragraph (1) after the expiry of the period of 6 months beginning with the date on which a forfeiture order was made in respect of the equipment.

• (4) Where the responsible local authority is of the opinion that the person in whose case the forfeiture order was made is not the owner of the equipment, it must take reasonable steps to bring to the attention of persons who may be entitled to do so their right to make an application under sub-paragraph (1).

• (5) An order under sub-paragraph (1) does not affect the right of any person to take, within the period of 6 months beginning with the date of the order, proceedings for the recovery of the equipment from the person in possession of it in pursuance of the order (but the right ceases on the expiry of that period).

• (6) If, on the expiry of the period of 6 months beginning with the date on which a forfeiture order was made in respect of the equipment, no order has been made under sub-paragraph (1), the responsible local authority may dispose of the equipment.

Return etc. of seized equipment

5

If in proceedings for a noise offence no order for forfeiture of related equipment is made, the court may (whether or not a person is convicted of the offence) give such directions as it thinks fit as to the return, retention or disposal of the equipment by the responsible local authority.

6

• (1) Where in the case of any seized equipment no proceedings in which it is related equipment are begun within the period mentioned in paragraph 2(1)(a)—

• (a) the responsible local authority shall return the equipment to any person who—

• (i) appears to it to be the owner of the equipment; and

• (ii) makes a claim for the return of the equipment within the period mentioned in sub-paragraph (2); and

• (b) if no such person makes such a claim within that period, the responsible local authority may dispose of the equipment.

• (2) The period referred to in sub-paragraph (1)(a)(ii) is the period of 6 months beginning with the expiry of the period mentioned in paragraph 2(1)(a).

• (3) The responsible local authority shall take reasonable steps to bring to the attention of persons who may be entitled to do so their right to make such a claim.

• (4) Subject to sub-paragraph (6), the responsible local authority is not required to return any seized equipment under sub-paragraph (1)(a) until the person making the claim has paid any such reasonable charges for the seizure, removal and retention of the equipment as the authority may demand.

• (5) If—

• (a) equipment is sold in pursuance of—

• (i) paragraph 4(6);

• (ii) directions under paragraph 5; or

• (iii) this paragraph; and

• (b) before the expiration of the period of one year beginning with the date on which the equipment is sold any person satisfies the responsible local authority that at the time of its sale the person was the owner of the equipment,

the authority shall pay that person any sum by which any proceeds of sale exceed any such reasonable charges for the seizure, removal or retention of the equipment as the authority may demand.

• (6) The responsible local authority cannot demand charges from any person under sub-paragraph (4) or (5) who it is satisfied did not know, and had no reason to suspect, that the equipment was likely to be used in the emission of noise exceeding the level determined under section 48.

SCHEDULE 2

Part 1 — Acts

The Sewerage (Scotland) Act 1968 (c. 47)

1

• (1) The Sewerage (Scotland) Act 1968 shall be amended as follows.

• (2) In section 12(8) (connection with public sewers), for “£20,000” substitute “ £40,000 ”.

• (3) In section 24(2) (discharge into public sewers), for “£20,000” substitute “ £40,000 ”.

• (4) In section 46(2) (injurious matter in sewers), for “£20,000” substitute “ £40,000 ”.

The Control of Pollution Act 1974 (c. 40)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Water (Scotland) Act 1980 (c. 45)

3

Section 75 of the Water (Scotland) Act 1980 (penalty for polluting water) shall be amended as follows—

• (a) in subsection (3), in paragraph (a), for “the prescribed sum” substitute “ £40,000 ”; and

• (b) subsection (4) is repealed.

The Environmental Protection Act 1990 (c. 43)

4

• (1) The 1990 Act shall be amended as follows.

• (2) In section 23(2) (offences under Part 1), in paragraph (a), for “£20,000” substitute “ £40,000 ”.

• (3) In section 33 (prohibition on disposal of waste), in—

• (a) subsection (8), in paragraph (a); and

• (b) subsection (9), in paragraph (a),

for “£20,000” substitute “ £40,000 ”.

• (4) In section 80(6) (contravention of an abatement notice), for “£20,000” substitute “ £40,000 ”.

The Pollution Prevention and Control Act 1999 (c. 24)

5

In paragraph 25(2)(a)(ii) of Schedule 1 to the Pollution Prevention and Control Act 1999 (offences), for “£20,000” substitute “ £40,000 ”.

The Water Environment and Water Services (Scotland) Act 2003 (asp 3)

6

In paragraph 20(2)(a)(ii) of schedule 2 to the Water Environment and Water Services (Scotland) Act 2003 (offences), for “£20,000” substitute “ £40,000 ”.

Part 2 — Subordinate legislation

The Pollution Prevention and Control (Scotland) Regulations 2000 (S.S.I. 2000/323)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Landfill (Scotland) Regulations 2003 (S.S.I. 2003/235)

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3

Application and interpretation

1

• (1) Paragraphs 2 to 6 apply while an order is in force in respect of a house.

• (2) In this schedule—

• “management period”, in relation to an order, means the period specified in the order; and

• “order” means a management control order.

Effect of order

2

The order shall not affect the rights or liabilities of any person who, at the time when the order is made, is occupying the relevant house under the tenancy or, as the case may be, occupancy arrangement.

Accounts

3

• (1) The local authority shall pay to such relevant person as it considers appropriate—

• (a) any surplus of its income over its expenditure in respect of the house to which the order relates; and

• (b) the interest on any such surplus at such reasonable rate as the authority may determine.

• (2) The local authority shall—

• (a) keep accounts for the management period of its income and expenditure in respect of the house to which the order relates; and

• (b) afford to the relevant person all reasonable facilities for inspecting, taking copies of and verifying those accounts.

• (3) The Scottish Ministers may by regulations make provision about—

• (a) expenditure which local authorities may incur in respect of houses to which orders relate; and

• (b) the means of recovering such expenditure.

• (4) For the purposes of this paragraph “relevant person” means the person who, immediately before the order was made, was the landlord of the house to which the order relates.

Recovery of rent arrears etc.

4

If during the management period—

• (a) rent payable; or

• (b) consideration payable or exigible,

under the tenancy or occupancy arrangement is not paid or made, the authority shall take all reasonable steps to recover the rent or consideration.

Delegation of management functions

5

The local authority may authorise any person to do in relation to the relevant house anything that the authority is, by virtue of the order, entitled to do.

New tenancies and occupancy arrangements

6

• (1) Where—

• (a) the house to which an order relates is occupied by virtue of—

• (i) two or more tenancies;

• (ii) two or more occupancy arrangements; or

• (iii) one or more tenancies and one or more occupancy arrangements; and

• (b) during the management period, one of those tenancies or occupancy arrangements (the “old occupancy right”) ends,

the person who, immediately before the order was made, was the landlord of the house may, if the local authority agrees, grant a tenancy or make an occupancy arrangement in respect of the part of the house that was subject to the old occupancy right.

• (2) Any rights and obligations of the landlord under a tenancy granted, or an occupancy arrangement made, by virtue of sub-paragraph (1) shall be deemed to have been transferred, by virtue of the order relating to the house, to the local authority specified in the order.

SCHEDULE 4

The Social Work (Scotland) Act 1968 (c. 49)

1

In section 27 of the Social Work (Scotland) Act 1968 (functions of local authorities in relation to persons appearing before courts, under supervision of court orders etc.)—

• (a) in subsection (1)—

• (i) after paragraph (ac) insert—

(ad) making available, for the purposes of parenting orders under section 13 or 102 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), such services as are required to enable requirements imposed by or under such orders to be carried out in respect of persons in their area;

; and

• (ii) in paragraph (b), after sub-paragraph (v) insert—

(va) without prejudice to sub-paragraph (i) above, persons in their area who are subject to community reparation orders under section 245K of the said Act of 1995; (vb) without prejudice to sub-paragraph (i) above, persons in their area who are under 16 years of age and subject to restriction of liberty orders under section 245A of the said Act of 1995;

;

• (b) in each of subsections (2) to (5), for the words “probation, community service and supervised attendance”, wherever they occur, substitute “ community justice ”; and

• (c) after subsection (5) insert—

(5A) Before including in a community justice scheme which is made, revised or modified under this section provision for the purposes of subsection (1)(b)(va), a local authority shall consult such persons or class or classes of person as the Scottish Ministers may by regulations prescribe. (5B) The Scottish Ministers may give local authorities directions in writing as to the content of community justice schemes; and authorities shall comply with any such directions. (5C) The power conferred by subsection (5B) above to give a direction shall include power to vary or revoke the direction.

.

The Housing (Scotland) Act 1987 (c. 26)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Environmental Protection Act 1990 (c. 43)

3

After section 81(3) of the Environmental Protection Act 1990 (power to abate statutory nuisance) there shall be inserted—

(3A) The power under subsection (3) above shall, where the matter to be abated is a statutory nuisance by virtue of section 79(1)(g) above, include power to seize and remove any equipment which it appears to the authority is being or has been used in the emission of the noise in question. (3B) A person who wilfully obstructs any person exercising, by virtue of subsection (3A) above, the power conferred by subsection (3) above shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. (3C) Schedule 1 to the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) shall have effect in relation to equipment seized by virtue of subsection (3A) above as it does in relation to equipment seized under section 47(2) of that Act, subject to the following modifications— (a) in paragraph 1(a), “noise offence” means an offence under section 80(4) above in respect of a statutory nuisance falling within section 79(1)(g) above; and (b) in paragraph 1(b), “seized equipment” means equipment seized by virtue of subsection (3A) above.

.

The Children (Scotland) Act 1995 (c. 36)

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Criminal Procedure (Scotland) Act 1995 (c. 46)

5

• (1) The Criminal Procedure (Scotland) Act 1995 shall be amended as follows.

• (2) In subsection (2)(b)(ii) of section 79 (preliminary pleas and preliminary issues), after “Act” there shall be inserted “ section 9(6) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) or that section of that Act as applied by section 234AA(11) of this Act ”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In section 219 (imprisonment for non-payment of fines)—

• (a) in subsection (1), after “Act” there shall be inserted “ and subsection (1A) below ”; and

• (b) after subsection (1) there shall be inserted—

(1A) Subsection (1) shall not apply to a fine imposed for an offence under section 107 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8).

.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) In section 245D (combination of restriction of liberty order with probation order or drug treatment and testing order)—

• (a) in subsection (1)(b)—

• (i) after “to”, where it first occurs, there shall be inserted—

(i) in the case of an offender who is under 16 years of age,

;

• (ii) for “or to”, where those words first occur, there shall be substituted—

(ii) in the case of an offender who is 16 years of age or more, a probation order made under section 228(1) of this Act,

; and

• (iii) the word “to”, where it thirdly occurs, is repealed; and

• (b) in subsection (3), after “and”, where it secondly occurs, there shall be inserted—

(a) in the case of an offender who is under 16 years of age, a probation order; (b) in the case of an offender who is 16 years of age or more,

.

• (8) In subsection (1)(b) of section 245E (variation of restriction of liberty orders), after “court,”, where it first occurs, there shall be inserted “ apply ”.

• (9) In subsection (2) of section 245G (disposal on revocation of restriction of liberty order), after “disposing” there shall be inserted “ of ”.

• (10) In subsection (1)(b) of section 245H (documentary evidence in proceedings under section 245F), for “person subject to the order” there shall be substituted “ offender ”.

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) In Schedule 9 (certificates as to proof of certain routine matters), at the end there shall be inserted the following entry—

The Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), section 45(1).	An officer of a local authority within the meaning of that Act authorised to do so by the authority.	That a level of noise specified in the certificate was measured at a time and in a place specified in the certificate using an approved device within the meaning of that Act.

The Housing (Scotland) Act 2001 (asp 10)

6

• (1) The Housing (Scotland) Act 2001 shall be amended as follows.

• (2) In section 35(2) (conversion to short Scottish secure tenancy), for “anti-social behaviour order under section 19 of the Crime and Disorder Act 1998 (c. 37)” there shall be substituted

antisocial behaviour order— (a) under section 234AA of the Criminal Procedure (Scotland) Act 1995 (c. 46); or (b) under section 4 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)

.

• (3) In paragraph 2 of schedule 6 (grounds for granting short Scottish secure tenancy), for “anti-social behaviour order under section 19 of the Crime and Disorder Act 1998 (c. 37)” there shall be substituted

antisocial behaviour order— (a) under section 234AA of the Criminal Procedure (Scotland) Act 1995 (c. 46); or (b) under section 4 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)

.

SCHEDULE 5

Antisocial behaviour orders

Antisocial behaviour orders: variation and revocation

Service etc.

Provision of information to local authorities

Authorisations: supplementary

Revocation or variation of resolution under section 41

40A

• (1) In this Part, an “exploitation offence” is any of the following offences—

• (a) so far as concerning travel or identity documentation for enabling the trafficking of people (including passports, visas and work permits)—

• (i) fraud, or

• (ii) uttering a forged document,

• (b) so far as concerning the trafficking of people, an offence under section 26(1)(d) of the Immigration Act 1971 (c.77) (falsification of documentation),

• (c) an offence under section 52 or 52A of the Civic Government (Scotland) Act 1982 (c.45) (possession, taking or distribution of indecent images of children),

• (d) an offence under sections 7 to 12 or 13(9) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39) (offences relating to prostitution and brothels),

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (f) an offence under section 1 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9) (meeting a child following certain preliminary contact),

• (g) an offence under sections 9 to 12 of that Act (offences relating to provision by child of sexual services or child pornography),

• (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (i) an offence under Part 1 of the Sexual Offences (Scotland) Act 2009 (asp 9) (rape etc.),

• (j) an offence under Part 4 of that Act (sexual offences involving children) other than an offence under section 37 (older children engaging in sexual conduct with each other),

• (k) an offence under section 42 of that Act (sexual abuse of trust),

• (l) an offence under section 46 of that Act (sexual abuse of trust of a mentally disordered person),

• (m) an offence under section 4 of the Human Trafficking and Exploitation (Scotland) Act 2015 (slavery, servitude and forced or compulsory labour),

• (n) an offence of human trafficking (see section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015).

• (2) For the purposes of subsection (1)(a) and (b), a reference to trafficking of people is a reference to a person intentionally doing something in respect of at least one other person which involves the commission of an offence mentioned in subsection (1)(e) or (h).

• (3) For the purposes of subsection (1), a reference to an offence includes a reference to—

• (a) an attempt to commit an offence,

• (b) incitement to commit an offence,

• (c) counselling or procuring the commission of an offence,

• (d) involvement art and part in an offence, and

• (e) an offence as modified by section 54 of the Sexual Offences (Scotland) Act 2009 (asp 9) (incitement to commit certain sexual acts outside the United Kingdom).

• (4) The Scottish Ministers may by order add to or otherwise modify the specification of offences listed in subsection (1).

Directions in respect of duty under section 89 of 1990 Act

Directions in respect of duty under section 89 of 1990 Act

Power to modify meaning of “relevant surface”

Directions in respect of duty under section 89 of 1990 Act

Amount of fixed penalty and form of fixed penalty notice

Amount of fixed penalty and form of fixed penalty notice

Amount of fixed penalty and form of fixed penalty notice

87A

• (1) This section applies where a local authority receives notice under paragraph 6 of schedule 2 to the Housing (Scotland) Act 2006 (asp 1) that the First-tier Tribunal for Scotland Housing and Property Chamber has, in pursuance of a decision of the First-tier Tribunal for Scotland Housing and Property Chamber —

• (a) made or varied a repairing standard enforcement order;

• (b) revoked a repairing standard enforcement order;

• (c) consented under section 28(6) of that Act to the landlord entering into a tenancy or occupancy arrangement; or

• (d) granted a certificate under section 60 of that Act;

and the landlord to whom the notice relates is a person registered by the local authority.

• (2) Where paragraph (a) or (c) of subsection (1) applies, the local authority must note the decision of the First-tier Tribunal for Scotland Housing and Property Chamber in the person's entry in the register.

• (3) Where paragraph (b) or (d) of subsection (1) applies, the local authority must remove any information noted in the register by virtue of subsection (2) which relates to the order revoked or to the order in relation to which the certificate was granted, as the case may be.

88A

• (1) Each local authority shall, on the application of any person (“the applicant”), in relation to—

• (a) a particular house, provide the applicant with—

• (zi) confirmation of whether any application relating to the house has been made in accordance with section 83 but has not yet been determined;

• (i) the name of any owner of the house included in its register by virtue of section 83(1)(a) or 87(2);

• (ii) the name of any person who acts for the owner in relation to a lease or occupancy arrangement to which the house is subject included in its register by virtue of section 83(1)(c), 87(2) or 88(2);

• (iii) the address to which correspondence with the relevant person should be directed included in its register by virtue of section 83(1)(ca) or 87(2); and

• (iv) any information included in its register by virtue of section 87A(2).

• (b) a particular person, confirm to the applicant —

• (i) whether that other person is registered in its register; and

• (ii) whether its register includes a note under section 92ZA of a decision to refuse that other person's entry in, or to remove that other person from, the register..

• (2) A local authority may, on the application of any person, provide that person with such other information from its register as it thinks appropriate.

• (3) Information provided under subsection (2) may be provided subject to such conditions as the local authority thinks appropriate.

• (4) Despite subsection (1), a local authority may withhold information where it considers that providing the information would be likely to jeopardise—

• (a) the safety or welfare of any person; or

• (b) the security of any premises.

92A

• (1) The Scottish Ministers may prepare and issue a code of practice, to be known as the Letting Code, making provision about the standards of management of—

• (a) any relevant person who enters into, or who seeks to enter into, a lease or occupancy arrangement by virtue of which an unconnected person may use a house as a dwelling, and

• (b) any other person (other than a registered letting agent) who acts for such a relevant person in relation to such a lease or occupancy arrangement.

• (2) The Scottish Ministers must, from time to time, review any Letting Code issued under subsection (1) and may, following such a review—

• (a) vary it, or

• (b) revoke and replace it.

• (3) The Scottish Ministers must, before preparing, varying or replacing any Letting Code—

• (a) publish, in such manner as they think fit, an assessment of the effectiveness of any existing obligations and voluntary arrangements which relate to any standards of management which a Letting Code may make provision about, and

• (b) consult—

• (i) such bodies representing local authorities,

• (ii) such bodies representing private sector landlords, and

• (iii) such other persons,

as they think fit about the need for, and the terms of, the Letting Code or variation proposed.

• (4) An assessment under subsection 3(a) above must, in particular, assess the effectiveness of—

• (a) the Rent (Scotland) Act 1984 (c. 58), and

• (b) registration under this Part,

in dealing with harassment, unlawful eviction or unlawful management practices.

Interpretation of Part 8

Notification of registration or refusal to register

Application for registration

Interpretation of Part 8

Applications

Interpretation of Part 9

Antisocial behaviour orders

Community reparation orders

Fixed penalty offences

Supervision requirements: conditions restricting movement

Supervision requirements: conditions restricting movement

Supervision requirements: duties of local authorities

Privacy of certain proceedings

Disclosure and sharing of information

Editorial notes

[^c21021221]: S. 9 applied by 1995 c. 46, s. 234AA(11) (as inserted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 118, 145(2); S.S.I. 2004/420, art. 3, Sch. 1)

[^c21021231]: S. 11 applied by 1995 c. 46, s. 234AA(11) (as inserted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 118, 145(2); S.S.I. 2004/420, art. 3, Sch. 1)

[^c21023311]: Words in s. 26(1) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 99(1)(a), 206; S.S.I. 2010/413, art. 2, Sch (with art. 6)

[^c21023331]: Words in s. 26(3) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 99(1)(b), 206; S.S.I. 2010/413, art. 2, Sch (with art. 6)

[^c21023361]: S. 26(3A)(3B) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 99(1)(c), 206; S.S.I. 2010/413, art. 2, Sch (with art. 6)

[^c21023601]: Words in s. 27(2)(b)(i) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 99(2)(a), 206; S.S.I. 2010/413, art. 2, Sch (with art. 6)

[^c21023651]: Word in s. 27(2)(b)(ii) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 99(2)(b), 206; S.S.I. 2010/413, art. 2, Sch (with art. 6)

[^c21024081]: Words in s. 30(1) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 99(3)(a), 206; S.S.I. 2010/413, art. 2, Sch (with art. 6)

[^c21024101]: Words in s. 30(2) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 99(3)(b), 206; S.S.I. 2010/413, art. 2, Sch (with art. 6)

[^c21024121]: S. 30(2A) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 99(3)(c), 206; S.S.I. 2010/413, art. 2, Sch (with art. 6)

[^c21024141]: Words in s. 30(3)(b) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 99(3)(d), 206; S.S.I. 2010/413, art. 2, Sch (with art. 6)

[^c21024161]: S. 30(3A) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 99(3)(e), 206; S.S.I. 2010/413, art. 2, Sch (with art. 6)

[^c21024181]: S. 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)

[^c21024201]: Words 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)

[^c21024221]: Words 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)

[^c21024241]: Words 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)

[^c21024261]: S. 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)

[^c21024281]: Words in s. 33(1) substituted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 99(5), 206; S.S.I. 2010/413, art. 2, Sch (with art. 6)

[^c21024301]: Words in s. 36(5) inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 99(6), 206; S.S.I. 2010/413, art. 2, Sch (with art. 6)

[^c21022921]: Words in s. 37(4) substituted (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 44(3)(a), 84; S.S.I. 2007/479, art. 3(1), Sch. (with arts. 4-14) (as amended by S.S.I. 2007/527, art. 2)

[^c21023021]: S. 37(5) repealed (10.12.2007) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 44(3)(b), 84; S.S.I. 2007/479, art. 3(1), Sch. (with arts. 4-14) (as amended by S.S.I. 2007/527, art. 2)

[^c21024321]: S. 40A inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 99(7), 206; S.S.I. 2010/413, art. 2, Sch (with art. 6)

[^c21023061]: Words in s. 51(6) substituted (10.3.2008) by Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), ss. 80, 84, Sch. para. 32(a); S.S.I. 2008/42, art. 3, Sch. (with arts. 4-6)

[^c21018401]: S. 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)

[^c21020151]: S. 72 wholly in force at 30.4.2006; s. 72 not in force at Royal Assent see s. 145(2); s. 72 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)

[^c21020191]: S. 74 wholly in force at 30.4.2006; s. 74 not in force at Royal Assent see s. 145(2); s. 74 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)

[^c21020201]: S. 78 wholly in force at 30.4.2006; s. 78 not in force at Royal Assent see s. 145(2); s. 78 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)

[^c21020211]: S. 80 wholly in force at 30.4.2006; s. 80 not in force at Royal Assent see s. 145(2); s. 80 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)

[^c21021361]: S. 82(2) repealed (29.1.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 176(2), 195 (with s. 193); S.S.I. 2006/14, art. 2

[^c21020261]: S. 83 wholly in force at 30.4.2006; s. 83 not in force at Royal Assent see s. 145(2); s. 83 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)

[^c21021401]: Word following s. 83(1)(c) repealed (29.1.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 176(3)(a), 195 (with s. 193); S.S.I. 2006/14, art. 2

[^c21021421]: S. 83(1)(ca) inserted (29.1.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 176(3)(b), 195 (with s. 193); S.S.I. 2006/14, art. 2

[^c21021251]: Word following s. 83(6)(c) omitted (1.1.2006) by virtue of The Private Landlord Registration (Modification) (Scotland) Order 2005 (S.S.I. 2005/650), art. 2(a)

[^c21021281]: S. 83(6)(e)-(l) inserted (1.1.2006) by The Private Landlord Registration (Modification) (Scotland) Order 2005 (S.S.I. 2005/650), art. 2(b)

[^c21021321]: 2003 asp 11.

[^c21021331]: 1993 c. 44.

[^c21023261]: Word following s. 83(6)(k) omitted (12.2.2009) by virtue of The Private Landlord Registration (Modification) (Scotland) Order 2009 (S.S.I. 2009/33), art. 2(a)

[^c21023281]: S. 83(6)(m) and preceding word inserted (12.2.2009) by The Private Landlord Registration (Modification) (Scotland) Order 2009 (S.S.I. 2009/33), art. 2(b)

[^c21023301]: 1986 c. 45. Section 388 was amended by regulation 17 of S.I. 2002/1240.

[^c21021561]: Words in s. 84(5) substituted (29.1.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 176(4), 195 (with s. 193); S.S.I. 2006/14, art. 2

[^c21021651]: Words in s. 85(2)(b) repealed (29.1.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 176(5), 195 (with s. 193); S.S.I. 2006/14, art. 2

[^c21022751]: S. 85(2)(c)(zi) inserted (5.7.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 175(2)(a), 195 (with s. 193); S.S.I. 2006/395, art. 2, Table

[^c21022801]: S. 85(3A) inserted (5.7.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 175(2)(b), 195 (with s. 193); S.S.I. 2006/395, art. 2, Table

[^c21022821]: S. 85(4A) inserted (5.7.2006) by Housing (Scotland) Act 2006 (asp 1), ss. 175(2)(c), 195 (with s. 193); S.S.I. 2006/395, art. 2, Table