Legalize / United Kingdom / Scotland / Act of the Scottish Parliament

Antisocial Behaviour etc. (Scotland) Act 2004

Type Act of the Scottish Parliament

Publication 2004-07-26

Last updated 2026-03-26

State In force

Jurisdiction Scotland

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

A local authority shall, in discharging its functions under sections 58, 60 and 61, have regard to any guidance about those sections given by the Scottish Ministers.

Appeal against graffiti removal notice

63

(1) On the application of a person on whom a graffiti removal notice is served, the sheriff may—

(a) if satisfied that—

(i) the surface to which the notice relates was not, at the time the notice was served, defaced as described in it;

(ii) the defacement described in the notice is neither detrimental to the amenity of the locality nor offensive; or

(iii) the applicant was not, at the time the notice was served, a responsible person as respects the surface to which the notice relates,

make an order revoking the notice; or

(b) if satisfied that there is a material defect in, or in connection with, the notice, make an order revoking or (if appropriate) amending the notice.

(2) In subsection (1)(a)(iii), “responsible person” has the same meaning as in section 58.

(3) Where a sheriff—

(a) makes an order under paragraph (b) of subsection (1) amending a graffiti removal notice; or

(b) makes an order refusing an application such as is mentioned in that subsection,

the sheriff may extend (for such period as may be specified in the order) the period specified in the notice.

(4) An application such as is mentioned in subsection (1) shall be made before the expiry of the period of 21 days beginning with the day on which the graffiti removal notice to which it relates was served.

(5) Where an application such as is mentioned in subsection (1) is made, the graffiti removal notice to which it relates shall be of no effect pending the—

(a) determination; or

(b) withdrawal,

of the application.

Appeal against notice under section 61(4)

64

(1) On the application of a person on whom a notice under section 61(4) is served, the sheriff may, if satisfied that the expenditure which the authority is proposing to recover is excessive, make an order substituting for that amount a lower one.

(2) An application such as is mentioned in subsection (1) shall be made within the period of 21 days beginning with the day on which the notice to which it relates was served.

Graffiti removal notice: exemptions from liability

65

(1) Subject to subsection (3), a relevant person shall have no liability whatsoever (whether at common law or otherwise) to any responsible person in respect of anything done or omitted to be done in the exercise or purported exercise of the power conferred by section 60(3) or 61(2).

(2) In subsection (1), “relevant person” means—

(a) in the case of the power conferred by section 60(3)—

(i) the local authority; and

(ii) any employee of the authority;

(b) in the case of the power conferred by section 61(2)—

(i) the local authority;

(ii) any employee of the authority;

(iii) any person authorised by the authority under that section; and

(iv) any employer or employee of a person so authorised.

(3) Subsection (1) does not apply—

(a) if the act or omission is shown to have been in bad faith; or

(b) in respect of a liability arising out of a failure to exercise due care and attention.

(4) In this section, “responsible person” has the same meaning as in section 58.

(5) This section is without prejudice to any other exemption from liability (whether at common law or otherwise).

Penalties for environmental offences

Increase in penalties for certain environmental offences

66

Schedule 2 (which contains amendments relating to penalties for certain environmental offences) shall have effect.

Interpretation

Interpretation of Part 6

67

In this Part, “the 1990 Act” means the Environmental Protection Act 1990 (c. 43).

Part 7 — Housing: antisocial behaviour notices

Antisocial behaviour notices

68

(1) Where it appears to a local authority that either person mentioned in subsection (2) is engaging in antisocial behaviour at, or in the locality of, a relevant house situated within the authority’s area, the authority may serve an antisocial behaviour notice on the landlord of the relevant house.

(1A) A local authority may also serve an antisocial behaviour notice on the landlord of a relevant house situated within the authority’s area and used for holiday purposes where—

(a) the house has been used for those purposes on at least two occasions;

(b) during at least two of those occasions a person mentioned in subsection (2) has engaged in antisocial behaviour at, or in the locality of, that house; and

(2) Those persons are—

(a) any person who, by virtue of a tenancy or an occupancy arrangement, occupies the relevant house mentioned in subsection (1) or, as the case may be, (1A); and

(b) any visitor for the time being in that house.

(3) An antisocial behaviour notice is a notice—

(za) stating whether it is served under subsection (1) or subsection (1A);

(a) where the notice is served under subsection (1), describing the antisocial behaviour that has been engaged in at, or in the locality of, the relevant house to which the notice relates by either of the persons mentioned in subsection (2);

(aa) where the notice is served under subsection (1A), describing the antisocial behaviour that has been engaged in at, or in the locality of, the relevant house to which the notice relates;

(b) where the notice is served under subsection (1), requiring the landlord of the relevant house to take, before the expiry of such period as may be specified in the notice, such action for the purpose of dealing with the antisocial behaviour as may be so specified;

(ba) where the notice is served under subsection (1A), requiring the landlord of the relevant house to take, before the expiry of such period as may be specified in the notice, such action for the purpose of dealing with future antisocial behaviour as may be so specified;

(d) informing the landlord of the right to request a review under section 69(1).

(4) If the local authority is aware of the name and address of a person who acts for the landlord as respects the tenancy or occupancy arrangement relating to the relevant house, the authority shall, in addition to serving a notice on the landlord under subsection (1), give a copy of the notice to the person.

(5) If—

(a) the local authority is unable to identify the landlord, it may serve the notice under subsection (1) or (1A) by publishing it in two or more newspapers (of which one shall, if practicable, be a local newspaper) circulating in the locality of the relevant house;

(b) the local authority is aware of the landlord’s identity but is unable to ascertain the landlord’s current address, it may serve the notice under that subsection by serving it on the landlord—

(i) at the relevant house; and

(ii) if it is aware of a previous address of the landlord, at that address.

(6) For the purpose of applying this Part in relation to relevant houses which are used for holiday purposes, the Scottish Ministers may by order make such modifications of the Part as they consider necessary or expedient.

Review of antisocial behaviour notices

69

(1) If a landlord on whom an antisocial behaviour notice is served under section 68(1) or (1A) requests the local authority that served the notice to review the notice, the local authority shall review the notice.

(2) A request under subsection (1) shall be made before the expiry of the period of 21 days beginning with the day on which the notice is served or such longer period as the authority may allow.

(3) There is no duty to carry out a review of a decision reached on review.

Internal procedure on review

70

(1) A review of an antisocial behaviour notice under section 69(1) shall be carried out by a person (a “reviewer”) who had no involvement in the decision to issue the notice and who is senior to the person who was responsible for the processes culminating in that decision.

(2) The reviewer may—

(a) confirm the notice;

(b) vary any part of it;

(d) revoke the notice.

(3) The local authority shall notify the person who requested the review of the decision reached on review and the reasons for reaching that decision.

Failure to comply with notice: sanctions

Failure to comply with notice: order as to rental income

71

(1) If, on the application of the local authority that served an antisocial behaviour notice on a landlord under section 68(1) or (1A), the sheriff is satisfied as to the matters mentioned in subsection (2), the sheriff may—

(a) make an order that, with effect from the making of the order—

(i) no rent be payable by any person who occupies the relevant house; and

(ii) no other consideration be payable or exigible for occupation of the relevant house; and

(b) make such incidental order as the sheriff considers necessary.

(2) Those matters are—

(a) that the landlord has not taken the action specified in the antisocial behaviour notice within the time so specified; and

(b) that, having regard to all the circumstances relating to the relevant house, it would be reasonable for the landlord to take that action.

(3) Where an order is made under subsection (1), the local authority shall give a copy of the order to the persons mentioned in subsection (4).

(4) Those persons are—

(a) if the local authority is aware of the name and address of a person who by virtue of a tenancy or an occupancy arrangement occupies the house to which the order relates, that person; and

(b) if the local authority is aware of the name and address of a person who acts for the landlord as respects the tenancy or occupancy arrangement relating to the relevant house, that person.

(5) Except as provided in an order under subsection (1), nothing in this Part affects the validity of any lease or occupancy arrangement by virtue of which a person has the use of a relevant house during the period when the order is in force.

Appeals against orders under section 71

72

(1) An appeal against the decision of a sheriff making or refusing to make an order under section 71(1) shall be made to the sheriff principal and shall be made within the period of 21 days beginning with the day on which the decision appealed against was made.

(2) Subsection (3) applies where a person appeals against the decision of a sheriff making an order under section 71(1)(a).

(3) The person shall (in addition to complying with any other requirements as to notification imposed by virtue of any enactment) give notice to the person who has the use of the house to which the order relates (the “tenant”) of such matters as may be prescribed by the Scottish Ministers by regulations.

(4) Regulations under subsection (3) may include provision for or in connection with—

(a) the form of the notice;

(b) the manner and timing of service of the notice.

(5) If a person fails to comply with subsection (3), the sheriff principal shall not require the tenant to pay any sums that, but for the making of the order, would have been due by the tenant.

(6) The Scottish Ministers may by regulations make provision for or in connection with specifying other circumstances in which the Sheriff Appeal Court shall not require a tenant to pay any sums that, but for the making of the order, would have been due by the tenant.

(7) Regulations under subsection (6) may in particular include provision—

(a) specifying procedures;

(b) imposing obligations on landlords.

(8) The decision of the sheriff principal on an appeal under this section shall be final.

Orders under section 71: revocation and suspension

73

(1) This section applies where an order is made under section 71.

(2) On the application of the local authority specified in the order or the landlord of the relevant house which is subject to the order, the sheriff may, if satisfied that—

(a) the landlord has taken the action specified in the antisocial behaviour notice; or

(b) having regard to all the circumstances relating to the relevant house, it would be unreasonable for the order to continue to have effect,

revoke or, for such period as may be specified, suspend the order.

(3) The revocation or suspension of an order under subsection (2) shall not operate so as to make a person liable to pay any rent or other consideration in respect of the period during which the order was in force.

(4) Where an order is revoked or suspended under subsection (2), the local authority shall give a copy of the order revoking or, as the case may be, suspending the order to the persons mentioned in section 71(4).

Failure to comply with notice: management control order

74

(1) If, on the application of the local authority that served an antisocial behaviour notice on a landlord under section 68(1) or (1A), the sheriff is satisfied as to the matters mentioned in subsection (2), the sheriff may make a management control order in respect of the house to which the notice relates.

(2) Those matters are—

(a) that the landlord has not taken the action specified in the antisocial behaviour notice within the time so specified;

(b) that, having regard to all the circumstances relating to the relevant house, it would be reasonable for the landlord to take that action; and

(c) that, to enable the antisocial behaviour described in the notice to be dealt with, it is necessary to make the order.

(3) A management control order is an order which—

(a) transfers, for such period not exceeding 12 months as may be specified in the order, to the local authority which made the application the rights and obligations of the landlord under the tenancy or occupancy arrangement under which the house is occupied;

(b) if during that period a tenancy is granted or an occupancy arrangement made for the occupation of the house, transfers for that period to the local authority the rights and obligations of the landlord under that tenancy or arrangement;

(4) Where the local authority on whose application a management control order is made is satisfied that—

(a) sums in respect of rent or other consideration for occupation have been paid to the landlord under the tenancy or occupancy arrangement under which the house is occupied; and

(b) those sums have been paid in respect of a period during which the order is in force,

the authority may recover those sums from the landlord.

(5) Schedule 3 (which makes further provision in relation to management control orders) shall have effect.

Management control order: notification

75

(1) Subsection (2) applies where a management control order is made under section 74.

(2) As soon as practicable after the order is made, the local authority on whose application the order was made shall—

(a) inform—

(i) the person who, immediately before the order was made, was the landlord of the house to which the order relates; and

(ii) if the authority is aware of the name and address of a person occupying the house by virtue of a tenancy or occupancy arrangement, that person,

of the making of the order; and

(b) if the authority is aware of the name and address of a person who acts for the person mentioned in paragraph (a)(i) as respects a tenancy or occupancy arrangement in respect of the house, give a copy of the order to that person.

(3) If it is impracticable for the local authority to comply with the requirement in subsection (2)(a)(i), the authority need not do so.

Management control order: revocation

76

(1) On the application of—

(a) the local authority specified in a management control order (“the local authority”); or

(b) the person who, immediately before the order was made, was the landlord of the relevant house to which the order relates (“the landlord”),

the sheriff may, if satisfied that subsection (2) or (3) applies, revoke the management control order.

(2) This subsection applies if—

(a) the local authority; or

(b) the landlord,

has taken the action specified in the antisocial behaviour notice.

(3) This subsection applies if, having regard to all the circumstances relating to the relevant house, it would be unreasonable for the order to continue to have effect.

Management control order: notification of revocation

77

(1) Subsection (2) applies where a management control order is revoked under section 76(1) on the application of the local authority specified in the order.

(2) As soon as practicable after the order is revoked, the local authority shall—

(a) inform—

(i) the person who, immediately before the management control order was made, was the landlord of the house to which the order related; and

(ii) if the authority is aware of the name and address of a person occupying the house by virtue of a tenancy or occupancy arrangement, that person,

of the revocation of the order; and

(b) if the authority is aware of the name and address of a person who acts for the person mentioned in paragraph (a)(i) as respects a tenancy or occupancy arrangement in respect of the house, give a copy of the order to that person.

(3) If it is impracticable for the local authority to comply with the requirement in subsection (2)(a)(i), the authority need not do so.

(4) Subsection (5) applies where a management control order is revoked under section 76(1) on the application of the person who, immediately before the order was made, was the landlord of the house to which the order related.

(5) As soon as practicable after the order is revoked, the person shall—

(a) inform the local authority specified in the order; and

(b) any person occupying the house by virtue of a tenancy or occupancy arrangement,

of the revocation of the order.

Failure to comply with notice: action by authority at landlord’s expense

78

(1) Subsections (2) and (3) apply where—

(a) a local authority serves an antisocial behaviour notice on a landlord under section 68(1) or (1A) ;

(b) the landlord fails to take the action specified in the notice within the time so specified; and

(c) in consequence of that failure, it appears to the authority that it is necessary for it to take steps to deal with the antisocial behaviour described in the notice under section 68(1) or, as the case may be, future antisocial behaviour in respect of which action was specified in a notice under section 68(1A).

(2) The local authority may take such steps as it considers necessary to deal with the antisocial behaviour described in the notice under section 68(1) or, as the case may be, future antisocial behaviour in respect of which action was specified in a notice under section 68(1A).

(3) In such circumstances as the Scottish Ministers may by regulations prescribe, the landlord shall be liable for expenditure—

(a) incurred, by virtue of subsection (2), by the local authority; and

(b) of such description as may be so prescribed.

(4) Regulations under subsection (3) may include provision for or in connection with—

(a) imposing requirements on local authorities and landlords as respects arrangements for the notification and collection of expenditure of a description prescribed in the regulations;

(b) specifying arrangements for the settling of disputes arising by virtue of subsection (3).

Failure to comply with notice: offence

79

(1) Where—

(a) a local authority serves an antisocial behaviour notice on a landlord under section 68(1) or (1A); and

(b) the landlord fails to take the action specified in the notice within the time so specified,

the landlord shall be guilty of an offence.

(2) A landlord guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) It shall be a defence for a landlord charged with an offence under subsection (1) to show that there was a reasonable excuse for the failure in question.

Regulations

Regulations about advice and assistance: Part 7

80

For the purposes of this Part, the Scottish Ministers may by regulations make provision requiring local authorities to provide advice and assistance of such description as may be specified in the regulations to persons of such description as may be so specified.

Interpretation

Interpretation of Part 7

81

(1) In this Part—

“landlord”, in relation to an occupancy arrangement, means the person who under the arrangement permits another to occupy the building or, as the case may be, the part of the building;

“occupancy arrangement” means any arrangement under which a person having the lawful right to occupy a building or part of a building permits another, by way of contract or otherwise, to occupy the building or, as the case may be, the part of it; but does not include a lease;

“relevant house” means, subject to subsection (2), any building or part of a building which—is occupied as a dwelling under—a tenancy; oran occupancy arrangement; anddoes not fall within subsection (3).

(2) If—

(a) the same person is the landlord in relation to two or more relevant houses; and

(b) those relevant houses share the same toilet, washing or cooking facilities,

then those relevant houses shall be deemed to be a single relevant house.

(3) A building or part of a building falls within this subsection if—

(a) it is owned by—

(i) a local authority;

(ii) a registered social landlord; or

(iii) Scottish Homes;

(b) it is used for the provision of—

(i) a care home service (as defined in paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8));

(ii) a school care accommodation service (as defined in paragraph 3 of that schedule);

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) a secure accommodation service (as defined in paragraph 6 of that schedule);

(v) an independent hospital (as defined in subsection(2) of section10F of the Public Services Reform (Scotland) Act 2010 (asp8));

(vi) a private psychiatric hospital (as defined in that section);

(vii) an independent clinic (as defined in that section); or

(viii) an independent medical agency (as defined in that section);

(c) the house is used by a religious order the principal occupation of which is prayer, contemplation, education or the relief of suffering; or

(d) a control order under section 178 of the Housing (Scotland) Act 1987 (c. 26) is in force in respect of the house.

(4) For the purposes of this Part, a person engages in antisocial behaviour if the person—

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

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

to a person residing in, visiting or otherwise engaging in lawful activity at, or in the locality of, a relevant house.

Part 8 — Housing: registration of certain landlords

Registration

Registers

82

(1) Each local authority shall prepare and maintain a register for the purposes of this Part.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application for registration

83

(1) An application by a relevant person to a local authority for entry in the register maintained by it under section 82(1) shall specify—

(a) the name and address of the relevant person;

(b) the address of each house (if any) within the area of the authority which the relevant person owns and which is subject to—

(i) a lease; or

(ii) an occupancy arrangement,

by virtue of which an unconnected person may use the house as a dwelling;

(c) if the relevant person has a person who acts for the person in relation to the lease or occupancy arrangement to which any house specified under paragraph (b) is subject, the name and address of the person; . . .

(ca) the address to which correspondence with the relevant person should be directed; and

(d) such other information as the Scottish Ministers may by regulations prescribe.

(2) Subject to subsection (3), the application shall be accompanied by such fee as the local authority may determine.

(3) The Scottish Ministers may by regulations prescribe for the purposes of subsection (2)—

(a) fees;

(b) how fees are to be arrived at;

(4) A person who, in an application under this section—

(a) specifies information which the person knows is false in a material particular; or

(b) knowingly fails to specify information required by subsection (1),

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 3 on the standard scale.

(6) For the purposes of subsection (1)(b), the use of a house as a dwelling shall be disregarded if—

(a) the house is being used for the provision of—

(i) a care home service (as defined in paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 (asp 8));

(ii) a school care accommodation service (as defined in paragraph 3 of that schedule);

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) a secure accommodation service (as defined in paragraph 6 of that schedule);

(v) an independent hospital (as defined in subsection(2) of section10F of the Public Services Reform (Scotland) Act 2010 (asp8));

(vi) a private psychiatric hospital (as defined in that section);

(vii) an independent clinic (as defined in that section); or

(viii) an independent medical agency (as defined in that section);

(b) the house is being used by a religious order the principal occupation of which is prayer, contemplation, education or the relief of suffering;

(c) a control order under section 178 of the Housing (Scotland) Act 1987 (c. 26) is in force in respect of the house; . . .

(d) the house is being used for holiday purposes.

(e) the house is the only or main residence of the relevant person;

(f) the house is–

(i) on agricultural land which is land comprised in a lease constituting a 1991 Act tenancy within the meaning of the Agricultural Holdings (Scotland) Act 2003 or comprised in a lease constituting a short limited duration tenancy , limited duration tenancy, modern limited duration tenancy or repairing tenancy (within the meaning of that Act); and

(ii) occupied by the tenant of the relevant lease;

(g) the house is on a croft (within the meaning of section 3 of the Crofters (Scotland) Act 1993 );

(h) the house is–

(i) on a holding to which any of the provisions of the Small Landholders (Scotland) Acts 1886 to 1931 applies;

(ii) not situated in the crofting counties (within the meaning of the Crofters (Scotland) Act 1993); and

(iii) occupied by the landholder;

(i) the house is occupied by virtue of a liferent;

(j) the house is–

(i) owned by an organisation which has the advancement of religion as its principal purpose and the regular holding of worship as its principal activity; and

(ii) occupied by a person whose principal responsibility is the leading of members of the organisation in worship and preaching the faith of that organisation;

(k) the house is part of an estate of a deceased person and has been held by an executor for a period not exceeding 6 months from the date of death; . . .

(l) the house is in the lawful possession of a heritable creditor and has been held by that creditor for a period not exceeding 6 months from the date of possession; ...

(m) the house is owned by a person acting as an insolvency practitioner within the meaning of section 388 of the Insolvency Act 1986 and has been so owned by that person for a period not exceeding six months ; ...

(n) the house is being used for a short-term let as defined in article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022; or

(o) the house is being used, under an occupancy arrangement, by a person who has permission to enter into or to stay in the United Kingdom granted under the immigration rules laid down under section 3(2) of the Immigration Act 1971 in relation to the Homes for Ukraine Sponsorship Scheme.

(7) The Scottish Ministers may by order modify subsection (6).

(8) In this Part—

“relevant person” means a person who is not—a local authority;a registered social landlord; orScottish Homes; and

“unconnected person”, in relation to a relevant person, means a person who is not a member of the family of the relevant person.

Registration

84

(1) This section applies where a relevant person makes an application to a local authority in accordance with section 83.

(2) Where (subject to subsections (7) and (8)), having considered the application—

(a) the local authority is satisfied that subsection (3) or (4) applies, the authority shall enter the relevant person in the register maintained by the authority under section 82(1);

(b) the authority is not satisfied that either of those subsections applies, the authority shall refuse to enter the relevant person in the register.

(3) This subsection applies where—

(a) under paragraph (b) of section 83(1), the application—

(i) does not specify a house; or

(ii) specifies a house (or two or more houses);

(b) under paragraph (c) of that section, the application does not specify the name and address of a person; and

(i) a lease; or

(ii) an occupancy arrangement,

by virtue of which an unconnected person may use a house as a dwelling.

(4) This subsection applies where—

(a) under paragraph (b) of section 83(1), the application specifies at least one house;

(b) under paragraph (c) of that section, the application specifies the name and address of a person;

(d) either—

(i) the person is a registered letting agent, or

(ii) in the case of a person who is not a registered letting agent, the person is a fit and proper person to act for the landlord such as is mentioned in subsection (3)(c) in relation to the lease or, as the case may be, arrangement.

(5) An entry in a register under subsection (2)(a) shall state, in relation to the relevant person, the information specified by virtue of paragraphs (a) to (ca) of section 83(1) in the application made by the relevant person.

(5A) An entry in a register under subsection (2)(a) shall state, in relation to the relevant person, a registration number (to be known as the “landlord registration number”).

(6) Subject to sections 88(8) and 89(1), where a local authority makes an entry in a register under subsection (2)(a), the authority shall remove the entry from the register on the expiry of the period of 3 years beginning with the day on which the entry is made.

(7) The local authority may refuse to enter a person in the register maintained by the authority under section 82(1) if the person fails to comply with the duty, if applicable, imposed by section 92B(3).

(8) The local authority must refuse to enter a person in the register maintained by the authority under section 82(1) if the person is disqualified by an order made under section 93A(2).

Section 84: considerations

85

(1) In deciding for the purposes of section 84(3) or (4) whether the relevant person or, as the case may be, the person is a fit and proper person, the local authority shall have regard (among other things) to any material falling within subsections (2) to (4).

(2) Material falls within this subsection if it shows that the relevant person or, as the case may be, the person has—

(a) committed any offence involving—

(i) fraud or other dishonesty;

(ia) firearms (within the meaning of section 57(1) of the Firearms Act 1968 (c. 27));

(ii) violence; or

(iii) drugs;

(aa) committed a sexual offence (within the meaning of section 210A(10) of the Criminal Procedure (Scotland) Act 1995 (c. 46));

(b) practised unlawful discrimination . . . in, or in connection with, the carrying on of any business; or

(zi) any Letting Code issued under section 92A;

(i) the law relating to housing; or

(ii) landlord and tenant law.

(3) Material falls within this subsection if it relates to any actings of the relevant person or, as the case may be, the person as respects antisocial behaviour affecting a house—

(a) subject to a lease or occupancy arrangement such as is mentioned in section 84(3)(c); and

(b) in relation to which the relevant person was (or is) the landlord under the lease or arrangement or, as the case may be, the person was (or is) acting for the landlord in relation to the lease or arrangement.

(3A) Material falls within this subsection if it relates to any agreement between the relevant person and any person in terms of which that person acts for the relevant person in relation to a lease or occupancy arrangement such as is mentioned in section 84(3)(c).

(4) Material falls within this subsection if it appears to the authority that the material is relevant to the question of whether the relevant person or, as the case may be, the person is a fit and proper person.

(4A) A local authority need not, despite subsection (1), have regard to any material falling within subsection (3A) in deciding for the purposes of section 84(4) whether a person specified in an application by virtue of section 83(1)(c) is a fit and proper person to act for a landlord.

(5) In subsection (3), “actings” includes failure to act.

(6) Examples of material which falls within subsection (2) (as mentioned in paragraph (c)(i) or (ii)) are (without prejudice to the generality of that provision)—

(a) an offence or disqualification under—

(i) this Part;

(ii) Part 5 of the Housing (Scotland) Act 2006 (asp 1);

(b) a repairing standard enforcement order made under section 24(2) of that Act.

(7) Examples of material which falls within subsection (3) are (without prejudice to the generality of that provision)—

(a) an antisocial behaviour order (or any interim order) within the meaning of Part 2;

(b) an antisocial behaviour notice within the meaning of Part 7.

(8) Examples of material which falls within subsection (4) are (without prejudice to the generality of that provision)—

(a) complaints and other information which come to the attention of the local authority concerning the relevant person or, as the case may be the person, in relation to the fulfilment of any financial obligation in respect of any house which is included in the application;

(b) concerns and other information which come to the attention of the local authority in the exercise of any of its functions in connection with any house which is included in the application;

(c) where section 85A(3)(b) applies, the relevant person fails to provide the certificate within the period the local authority directs.

(9) The Scottish Ministers may by order modify subsection (2).

Notification of registration or refusal to register

86

(1) Where a local authority—

(a) enters a person in its register under paragraph (a) of section 84(2); or

(b) refuses to enter a person in its register under paragraph (b) of that section or subsection (7) or (8) of section 84,

the authority shall, as soon as practicable after doing so, give notice of the fact to the person.

(1A) Where a local authority gives notice of the fact of registration under subsection (1)(a) it must, in doing so, give notice of the landlord registration number.

(2) Where a local authority refuses to enter a person in its register under section 84(2)(b), (7) or (8), the authority shall, as soon as practicable after doing so, send notice of the fact to—

(a) each address specified by virtue of paragraph (b) of section 83(1) in the application for registration; and

(b) if, by virtue of paragraph (c) of section 83(1), the application specified the name and address of a person, that person.

Duty of registered person to provide information to local authority

87

(1) This section applies where a person is registered by a local authority.

(2) If in consequence of a change in circumstances any information provided by the person to the local authority by virtue of section 83(1) or, as the case may be, this subsection, becomes inaccurate, the person shall, as soon as practicable after the inaccuracy arises, give notice in writing to the authority of the change that has occurred.

(3) Subject to subsection (4), any notice given under subsection (2) shall be accompanied by such fee as the local authority may determine.

(4) The Scottish Ministers may by regulations prescribe for the purposes of subsection (3)—

(a) fees;

(b) how fees are to be arrived at;

(5) A person who, without reasonable excuse, fails to comply with subsection (2) shall be guilty of an offence.

(6) A person guilty of an offence under subsection (5) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Registered person: appointment of agent

88

(1) Subsection (2) applies where—

(a) a person is registered by a local authority (the “registered person”); and

(b) the registered person appoints a person to act for the person in relation to—

(i) a lease; or

(ii) occupancy arrangement,

by virtue of which an unconnected person may use as a dwelling a house within the area of the authority which the registered person owns.

(2) The registered person shall, as soon as practicable after appointing the person, give notice in writing to the local authority of the appointment.

(2A) Subject to subsections (2B) and (2C), the notice shall be accompanied by such fee as the local authority may determine.

(2B) No fee shall be payable under subsection (2A) if, when the notice is given—

(a) the person appointed is entered in the register as a relevant person; ...

(b) another relevant person's entry in the register states that the person appointed acts for the other relevant person.,or

(2C) The Scottish Ministers may by regulations prescribe for the purposes of subsection (2A)—

(a) fees;

(b) how fees are to be arrived at;

(3) The local authority shall, as soon as practicable after being given notice under subsection (2), determine whether the condition in subsection (4) is satisfied in relation to the person appointed.

(4) The condition is that either—

(a) the person is a registered letting agent, or

(b) in the case of a person who is not a registered letting agent, the person is a fit and proper person to act for the registered person in relation to a lease or occupancy arrangement such as is mentioned in subsection (1)(b).

(5) Subsections (2) to (5) of section 85 shall apply for the purposes of subsection (4)(b) as those subsections apply for the purposes of subsection (1) of that section.

(6) If the local authority determines that the condition in subsection (4) is satisfied—

(a) the registered person shall be deemed, with effect from the date of the determination, to be registered by virtue of subsection (4) of section 84; and

(b) the local authority shall give the registered person notice in writing of that fact.

(7) Subsection (6)(a) shall not affect the calculation of the period mentioned in section 84(6).

(8) If the local authority determines that the condition in subsection (4) is not satisfied, the authority shall remove the registered person from the register.

(9) A registered person is guilty of an offence who, without reasonable excuse—

(a) in giving notice under subsection (2), specifies information which is false in a material particular; or

(b) fails to comply with subsection (2).

(10) A person guilty of an offence under subsection (9) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Removal from register

89

(1) Where—

(a) a person is registered by a local authority; and

(b) subsection (2) or (3) applies,

the authority shall remove the person from its register.

(2) This subsection applies where—

(a) the person was registered by virtue of section 84(3); and

(b) paragraph (c) of that section no longer applies.

(3) This subsection applies where—

(a) the person was registered by virtue of section 84(4); and

(b) paragraph (c) or (d)(ii) of that section no longer applies.

(3A) Where—

(a) a person is registered by the local authority by virtue of section 84(4), and

(b) paragraph (d)(i) of that section no longer applies,

the authority may remove the person from the register.

(4) Where a registered person, without reasonable excuse, fails to comply with the duty imposed by section 92B(1) the authority may remove the person from the register.

(5) Where—

(a) a person is registered by a local authority; and

(b) the person is disqualified from being registered by virtue of an order under section 93A(2),

the authority shall remove the person from its register.

Notification of removal from register: registered person

90

(1) Subsection (2) applies where under section 88(8) or 89(1) , (3A) , (4) or (5) a local authority removes a person from the register maintained by it under section 82(1).

(2) As soon as practicable after the removal, the local authority shall give the person notice in writing of—

(a) the removal; and

(b) the date of the removal.

(3) Notice under subsection (2) shall be given to the person at the address which, immediately before the removal, was specified as being the address of the person in the entry for the person in the register.

(4) For the purposes of subsection (2), notice is given by being sent by the recorded delivery service.

Notification of removal from register: other persons

91

(1) Subsection (2) applies where under section 88(8) or 89(1) , (3A) , (4) or (5) a local authority removes a person from the register maintained by it under section 82(1).

(2) As soon as practicable after the removal, the local authority shall give notice of the removal and the date of the removal to—

(a) the address of each house that, immediately before the removal, was entered in the person’s entry in the register; and

(b) if the authority is aware of the name and address of a person who acts for the person whose name was removed from the register in relation to a lease or occupancy arrangement such as is mentioned in section 88(1)(b), that person.

Appeal against refusal to register or removal from register

92

(1) Subsection (2) applies where—

(a) under section 84(2)(b) , (7) or (8) a local authority refuses to enter a person in the register maintained by it under section 82(1); or

(b) under section 88(8) or 89(1) , (3A) or (4) an authority removes a person from the register.

(2) The First-tier Tribunal may, on the application of the person, make an order—

(a) requiring the authority to enter the person in the register; and

(b) specifying whether the entry shall be deemed to be made by virtue of subsection (3) or (4) of section 84.

(3) Where by virtue of subsection (2) a local authority enters a person in the register maintained by it under section 82(1), the entry shall be deemed to have been made under subsection (2)(a) of section 84 by virtue of the subsection specified in the order.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) An appeal against the decision of a First-tier Tribunal granting or refusing an application under subsection (2) ... shall be made within the period of 21 days beginning with the day on which the decision appealed against was made.

(6) The decision of the Upper Tribunal on an appeal under this section shall be final.

Enforcement

Offences

93

(1) Where—

(a) a relevant person owns a house within the area of a local authority which is subject to—

(i) a lease; or

(ii) an occupancy arrangement,

by virtue of which an unconnected person may use the house as a dwelling; and

(b) the relevant person is not registered by that authority,

the relevant person shall be guilty of an offence.

(2) Where—

(a) a relevant person is not registered by a local authority; and

(b) in relation to a house that the relevant person owns in the area of the authority, the relevant person communicates with another person with a view to entering into a lease or an occupancy arrangement such as is mentioned in subsection (1)(a),

the relevant person shall be guilty of an offence.

(3) Where subsection (5) applies, nothing in subsection (1) makes it an offence for a relevant person to own a house which is subject to a lease or, as the case may be, occupancy arrangement such as is mentioned in subsection (1).

(4) Where subsection (5) applies, nothing in subsection (2) makes it an offence for a relevant person to communicate with another person with a view to entering into a lease or, as the case may be, occupancy arrangement such as is mentioned in subsection (2).

(5) This subsection applies where—

(a) the relevant person has made an application under section 83 to the local authority within whose area the house is situated; . . .

(aa) the local authority has not, during the year which immediately preceded the making of the application, refused to enter the relevant person in pursuance of an earlier application under section 83;

(aaa) the relevant person is not disqualified from being registered by virtue of an order under section 93A(2);

(ab) the application is accompanied by the fee determined under section 83(2); and

(b) the application has not been determined under section 84 by the authority.

(6) It shall be a defence for a person charged with an offence under subsection (1) or (2) to show that there was a reasonable excuse for acting in the way charged.

(7) A person guilty of an offence under subsection (1) or (2) shall be liable on summary conviction to a fine not exceeding £50,000.

Circumstances in which no rent to be payable

94

(1) Where a local authority is satisfied that the conditions in subsection (2) are met in relation to a house within its area, the authority may serve a notice under this section on the persons mentioned in subsection (5).

(2) Those conditions are—

(a) that the owner of the house is a relevant person;

(b) that the house is subject to—

(i) a lease; or

(ii) an occupancy arrangement,

by virtue of which an unconnected person may use the house as a dwelling;

(d) that, having regard to all the circumstances relating to the relevant person, it is appropriate for a notice to be served under this section.

(3) Where a notice is served under this section, during the relevant period—

(a) no rent shall be payable under any lease or occupancy arrangement in respect of the house to which the notice relates;

(b) no other consideration shall be payable or exigible under any such lease or occupancy arrangement.

(4) A notice served under this section shall specify—

(a) the name of the relevant person to whom it relates;

(b) the address of the house to which it relates;

(d) the date on which it takes effect (which must not be earlier than the day after the day on which it is served).

(5) Those persons are—

(a) the relevant person;

(b) if the local authority is aware of the name and address of a person who has, by virtue of a lease or an occupancy arrangement such as is mentioned in subsection (2)(b), the use of the house to which the notice relates, that person; and

(c) if the local authority is aware of the name and address of a person who acts for the relevant person in relation to such a lease or an occupancy arrangement, that person.

(6) If—

(a) the local authority is unable to identify the relevant person, it may serve the notice under this section by publishing it in two or more newspapers (of which one shall, if practicable, be a local newspaper) circulating in the locality of the house to which the notice relates;

(b) the local authority is aware of the relevant person’s identity but is unable to ascertain the relevant person’s current address, it may serve the notice under this section by serving it on the landlord—

(i) at the house to which the notice relates; and

(ii) if it is aware of a previous address of the relevant person, at that address.

(7) The condition mentioned in subsection (2)(c) shall not be taken to be met where—

(a) the relevant person has made an application under section 83 to the local authority in whose area the house is situated; but

(b) the application has not been determined under section 84 by the authority.

(8) Except as provided in subsection (3), nothing in this Part affects the validity of any lease or occupancy arrangement under which an unconnected person has the use as a dwelling of a house during the relevant period.

(9) Where a local authority is aware of the name and address of a person mentioned in paragraph (b) or, as the case may be, (c) of subsection (5), failure to serve a notice on the person shall not affect the validity of the notice.

(10) In this section, “relevant period” means the period beginning with the date specified in the notice and ending with the earlier of—

(a) the revocation of the notice under section 95(2); or

(b) where the effect of the decision made on an appeal under section 97 is that rent or, as the case may be, other consideration is payable or exigible, that decision.

Notices under section 94: revocation

95

(1) Subsection (2) applies where a local authority serves a notice under section 94 in relation to a house.

(2) If (whether on the application of a person having an interest in the case or otherwise) the local authority which served the notice is satisfied that the conditions mentioned in section 94(2) are no longer met in relation to the house, the authority shall, with effect from such day as it may specify, revoke the notice.

(3) The revocation of a notice under subsection (2) shall not operate so as to make a person liable to pay any rent or other consideration in respect of the period during which the notice was in force.

Notification of revocation of notice

96

(1) Subsection (2) applies where a local authority revokes a notice under section 95 in relation to a house.

(2) As soon as practicable after revoking the notice, the local authority shall give notice of the fact to—

(a) the relevant person;

(b) if the local authority is aware of the name and address of a person who has, by virtue of a lease or an occupancy arrangement such as is mentioned in section 94(2)(b), the use of the house to which the notice relates, that person; and

(c) if the local authority is aware of the name and address of a person who acts for the relevant person in relation to such a lease or an occupancy arrangement, that person.

(3) Where a local authority is aware of the name and address of a person mentioned in paragraph (b) or, as the case may be, (c) of subsection (2), failure to serve a notice on the person may not be founded on in any proceedings.

Appeals

97

(1) A relevant person on whom a notice under section 94 is served may, before the expiry of the period of 21 days beginning with the date specified by virtue of subsection (4)(d) of that section in the notice, appeal to the First-tier Tribunal against the decision of the local authority to serve the notice.

(2) Where, on the application of a person having an interest, a local authority makes a decision refusing to revoke a notice under section 95(2), the person may, before the expiry of the period of 21 days beginning with the day on which the decision is made, appeal to the First-tier Tribunal against the decision.

(3) Subsection (4) applies where a person appeals against a decision such as is mentioned in subsection (1) or (2).

(4) The person shall (in addition to complying with any other requirements as to notification imposed by virtue of any enactment) give notice to the person who has the use as a dwelling of the house to which the notice relates (the “tenant”) of such matters as may be prescribed by the Scottish Ministers by regulations.

(5) Regulations under subsection (4) may include provision for or in connection with—

(a) the form of the notice;

(b) the manner and timing of service of the notice.

(6) If a person fails to comply with subsection (4), the tribunal hearing the appeal may not require the tenant to pay any sums that, but for the making of the decision, would have been due by the tenant.

(7) The Scottish Ministers may by regulations make provision for or in connection with specifying other circumstances in which the tribunal hearing the appeal shall not require a tenant to pay any sums that, but for the making of the decision, would have been due by the tenant.

(8) Regulations under subsection (7) may in particular include provision—

(a) specifying procedures;

(b) imposing obligations on landlords.

Grants

Grants to local authorities

98

(1) The Scottish Ministers may make a grant to a local authority in respect of costs incurred by the authority by virtue of this Part.

(2) The payment of a grant under subsection (1) may be made subject to such conditions (including conditions as to repayment) as the Scottish Ministers may determine.

Regulations

Regulations about advice and assistance: Part 8

99

Amendment of Housing (Scotland) Act 1988

100

In subsection (6)(a) of section 18 of the Housing (Scotland) Act 1988 (c. 43) (orders for possession)—

(a) the word “or”, where it thirdly occurs, shall be repealed; and

(b) after “10” there shall be inserted “ , Ground 15 ”.

Interpretation

Interpretation of Part 8

101

(1) In this Part—

“First-tier Tribunal” means the First-tier Tribunal for Scotland,

“house” means, subject to subsection (2), a building or part of a building occupied or intended to be occupied as a dwelling;

“landlord”, in relation to an occupancy arrangement, means the person who under the arrangement permits another to occupy the building or, as the case may be, the part of the building;

“landlord registration number” has the meaning given by section 84(5A);

“occupancy arrangement” means any arrangement under which a person having the lawful right to occupy a house permits another, by way of contract or otherwise, to occupy the house or, as the case may be, part of it; but does not include a lease;

“registered”, in relation to a relevant person and a local authority, means entered by virtue of section 84(2)(a) in the register maintained by the authority under section 82(1); and cognate expressions shall be construed accordingly;

“registered letting agent” has the meaning given by section 32(4) of the Housing (Scotland) Act 2014 (asp 14),

“relevant person” has the meaning given by section 83(8);

“unconnected person” has the meaning given by section 83(8); and

“Upper Tribunal” means the Upper Tribunal for Scotland,

“use as a dwelling” shall be construed in accordance with section 83(6).

(1A) This subsection applies where—

(a) a person other than the owner of a house is the landlord in relation to a lease or occupancy arrangement by virtue of which another person uses the house as a dwelling; and

(b) that other person is not a member of the family of the owner or of the person who is the landlord.

(1B) Where subsection (1A) applies, both—

(a) the person who is the landlord; and

(b) any other person who acts for that person in relation to the lease or occupancy arrangement,

shall, for the purposes of this Part, be treated as having been appointed by the owner to act for, and as acting for, the owner in relation to a lease or occupancy arrangement by virtue of which a person who is not a member of the family of the owner may use the house as a dwelling.

(2) If two or more dwellings within a building share the same toilet, washing or cooking facilities, then those dwellings shall be deemed to be a single house for the purposes of this Part.

(3) For the purposes of this Part, any reference to a person’s being a member of another’s family shall be construed in accordance with section 108(1) and (2) of the Housing (Scotland) Act 2001 (asp 10).

(4) For the purposes of this Part, a person engages in antisocial behaviour if the person—

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

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

to a person residing in, visiting or otherwise engaging in lawful activity at, or in the locality of, a house; and “antisocial behaviour” shall be construed accordingly.

Part 9 — Parenting orders

Applications

102

(1) The court may make a parenting order in respect of a parent of a child where—

(a) subsection (2) or (3) applies; and

(b) the Scottish Ministers have notified the court that the local authority for the area in which the parent ordinarily resides has made arrangements that would enable the order to be complied with.

(2) This subsection applies where—

(a) the application for the order is made by the appropriate local authority; and

(b) the court is satisfied that—

(i) the behaviour condition; or

(ii) the conduct condition,

is met.

(3) This subsection applies where—

(a) the application for the order is made by the Principal Reporter; and

(b) the court is satisfied that—

(i) the behaviour condition;

(ii) the conduct condition; or

(iii) the welfare condition,

is met.

(4) The behaviour condition is—

(a) that the child has engaged in antisocial behaviour; and

(b) that the making of the order is desirable in the interests of preventing the child from engaging in further such behaviour.

(5) The conduct condition is—

(a) that the child has engaged in criminal conduct; and

(b) that the making of the order is desirable in the interests of preventing the child from engaging in further such conduct.

(6) The welfare condition is that the making of the order is desirable in the interests of improving the welfare of the child.

(7) For the purposes of subsection (5), a child engages in criminal conduct if the child engages in conduct that constitutes a criminal offence (or would do so if the child had attained the age of 8 years).

(8) An application under this section shall be made by summary application to the sheriff of the sheriffdom where the parent ordinarily resides.

(9) Before an application is made under this section—

(a) by a local authority, it shall consult the Principal Reporter;

(b) by the Principal Reporter, the Principal Reporter shall consult the appropriate local authority.

(10) In this section, “appropriate local authority” means the local authority for the area where the child ordinarily resides.

Parenting orders

103

(1) A parenting order is an order requiring the specified person—

(a) to comply, during a specified period—

(i) beginning with the making of the order; and

(ii) not exceeding 12 months,

with such requirements as are specified; and

(b) subject to subsection (2), to attend, during a specified period—

(i) falling within the specified period mentioned in paragraph (a); and

(ii) not exceeding 3 months,

such counselling or guidance sessions as may be directed by a supervising officer appointed by the relevant local authority.

(2) Where a parenting order has been made in respect of the person on a previous occasion in the interests of the child in whose interests the order is to be made, the order need not include a requirement under subsection (1)(b).

(3) The Scottish Ministers may by order amend the number of months mentioned in—

(a) subsection (1)(a)(ii); and

(b) subsection (1)(b)(ii).

(4) In subsection (1), “specified” means specified in the order.

Matters following making of order

Notification of making of order

104

(1) The clerk of the court by which a parenting order is made shall cause a copy of the order to be—

(a) given to the person specified in the order; or

(b) sent to the person so specified by registered post or the recorded delivery service.

(2) A certificate of posting of a letter sent under subsection (1)(b) issued by the postal operator concerned shall be sufficient evidence of the sending of the letter on the day specified in such certificate.

(3) In subsection (2), “postal operator” has the meaning given by section 125(1) of the Postal Services Act 2000 (c. 26).

Review of order

105

(1) On the application of a relevant applicant the court that made a parenting order may, if it considers that it would be appropriate to do so—

(a) revoke the order; or

(b) vary the order by—

(i) deleting any of the requirements specified in the order;

(ii) adding a new requirement;

(iii) altering the period specified for the purpose of section 103(1)(b).

(2) In subsection (1), “relevant applicant” means—

(a) the person specified in the order;

(b) the child in respect of whom the order was made;

(3) Before an application is made under subsection (1) by a local authority, it shall consult the Principal Reporter.

(4) Where an application under subsection (1) for the revocation or, as the case may be, variation, of a parenting order is refused, another such application by the same applicant under that subsection for revocation or, as the case may be, variation, may be made only with the consent of the court that made the order.

(5) Where the court that made a parenting order is satisfied that—

(a) the person specified in the order proposes to change, or has changed, the person’s place of ordinary residence; and

(b) it is appropriate to make an order specifying the sheriff of another sheriffdom as the court that may entertain applications under subsection (1),

it may make such an order; and in such a case, this section shall be read as if references to the court that made the order were references to that sheriff.

Appeals

106

An interlocutor—

(a) varying, or refusing to vary, a parenting order; or

(b) making a parenting order under section 13,

is an appealable interlocutor.

Failure to comply with order

107

(1) If the person specified in a parenting order fails without reasonable excuse to comply with—

(a) any requirement specified in the order; or

(b) any direction given under the order,

the person shall be guilty of an offence.

(2) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) In determining the sentence to be imposed on a person guilty of an offence under subsection (1) a court shall take into consideration the welfare of any child in respect of whom the person is a parent.

General requirements

Procedural requirements

108

(1) Before making, varying or revoking a parenting order, a court shall—

(a) having regard to the age and maturity of the child, so far as practicable—

(i) give the child an opportunity to indicate whether the child wishes to express views; and

(ii) if the child so wishes, give the child an opportunity to express those views;

(b) give the parent the opportunity to be heard;

(c) obtain information about the family circumstances of the parent and the likely effect of the order on those circumstances.

(2) Before making a parenting order, the court shall explain in ordinary language—

(a) the effect of the order and of the requirements proposed to be included in it;

(b) the consequences of failing to comply with the order;

(d) the entitlement of the parent to appeal against the making of the order.

(3) Before varying or revoking a parenting order, the court shall explain in ordinary language the effect of the variation or, as the case may be, revocation.

(4) Subsections (2) and (3) apply only where the parent is present in court.

(5) Failure to comply with subsection (2) or (3) shall not affect the validity of the order made.

(6) Without prejudice to the generality of subsection (1)(a), a child who is at least 12 years of age shall be presumed to be of sufficient age and maturity to form a view.

General considerations relating to making, varying and revoking order

109

(1) Where a court is determining whether to make, vary or revoke a parenting order its paramount consideration shall be the welfare of the child.

(2) Where a court is determining whether to make a parenting order it shall have regard to—

(a) such views as the child has expressed in relation to that matter by virtue of paragraph (a) of subsection (1) of section 108;

(b) the information obtained in relation to that matter by virtue of paragraph (c) of that subsection;

(c) whether (and if so the extent to which) the parent has, at any time that appears to the court to be relevant, taken relevant voluntary steps; and

(d) any other behaviour of the parent that appears to the court to be relevant.

(3) Where a court is determining whether to vary or revoke a parenting order it shall have regard to—

(a) such views as the child has expressed in relation to that matter by virtue of paragraph (a) of subsection (1) of section 108;

(b) the information obtained in relation to that matter by virtue of paragraph (c) of that subsection; and

(4) In subsection (2)(c), “relevant voluntary steps” means—

(a) where the court is determining whether to—

(i) make a parenting order under section 13; or

(ii) make a parenting order under subsection (1) of section 102 in respect of the condition mentioned in subsection (4) of that section,

voluntary steps intended to be in the interests of preventing the child from engaging in antisocial behaviour;

(b) where the court is determining whether to make a parenting order under subsection (1) of section 102 in respect of the condition mentioned in subsection (5) of that section, voluntary steps intended to be in the interests of preventing the child from engaging in criminal conduct;

(c) where the court is determining whether to make a parenting order under subsection (1) of section 102 in respect of the condition mentioned in subsection (6) of that section, voluntary steps intended to be in the interests of improving the welfare of the child.

Account to be taken of religion, work and education

110

(1) A court shall ensure that the requirements of a parenting order made by it avoid, so far as practicable—

(a) any conflict with the religious beliefs of the person specified in the order; and

(b) any interference with times at which that person normally works (or carries out voluntary work) or attends an educational establishment.

(2) The supervising officer appointed by a local authority in respect of a parenting order shall ensure that the directions given by the officer avoid, so far as practicable, the matters mentioned in subsection (1)(a) and (b).

Miscellaneous

Restriction on reporting proceedings relating to parenting orders

111

(1) Subject to subsection (2), a person shall be guilty of an offence if the person publishes, anywhere in the world, any matter in respect of relevant proceedings which is intended, or likely to, identify—

(a) the parent concerned in the proceedings (the “person concerned”);

(b) any address as being that of the person concerned;

(d) any other child—

(i) who is a member of the same household as the person concerned; or

(ii) of whom the person concerned is a parent; or

(e) any—

(i) address; or

(ii) school,

as being that of a child mentioned in paragraph (c) or (d).

(2) In relevant proceedings, the court may, in the interests of justice, order that subsection (1) shall not apply to the proceedings to such extent as the court considers appropriate.

(3) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4) It shall be a defence for a person charged with an offence under subsection (1) to show that the person—

(a) did not know; and

(b) had no reason to suspect,

that the published matter was intended, or was likely, to identify the person concerned, child, address or school (as the case may be).

(5) Section 46 of the Children and Young Persons (Scotland) Act 1937 (c. 37) shall apply in relation to relevant proceedings only in respect of a person concerned in the proceedings as a witness.

(6) A child in whose interests a parenting order has been made shall be regarded as a person who falls within subsection (1A)(a) of section 47 of the Criminal Procedure (Scotland) Act 1995 (c. 46) for the purposes of that section in its application to proceedings in respect of the commission of an offence under section 107(1) in respect of that order.

(7) In this section—

“programme service” has the meaning given by section 201 of the Broadcasting Act 1990 (c. 42);

“publishes” includes—causing to be published; andpublishing in a programme service,and “published” shall be construed accordingly; and

“relevant proceedings” means—proceedings before a sheriff for the purpose of considering whether to make a parenting order under section 13(1);proceedings before a sheriff on an application for the making of a parenting order under section 102(1);proceedings before a sheriff on an application for the variation, or revocation, of a parenting order under section 105(1);proceedings before a sheriff for the purpose of considering whether to make an order under section 105(5);an appeal arising from proceedings such as are mentioned in paragraphs (a) to (d).

Conduct of proceedings by reporters

112

(1) The Scottish Ministers may by regulations empower a reporter, whether or not the reporter is an advocate or solicitor, to conduct proceedings—

(a) before a sheriff—

(i) on an application by the Principal Reporter for the making of a parenting order;

(ii) on an application for the variation, or revocation, of a parenting order made on the application of the Principal Reporter, under section 105(1); or

(iii) for the purpose of considering whether to make an order under section 105(5) in respect of a parenting order made on the application of the Principal Reporter; or

(b) before the Sheriff Appeal Court, on any appeal arising from proceedings such as are mentioned in paragraph (a).

(2) Regulations under subsection (1) may prescribe such requirements as the Scottish Ministers think fit as to—

(a) qualifications;

(b) training; or

necessary for a reporter to be so empowered.

(3) In this section, “reporter” means—

(a) the Principal Reporter; and

(b) any person employed by the Scottish Children’s Reporter Administration to whom there is delegated, under paragraph 10 of schedule 3 to the Children’s Hearings (Scotland) Act 2011 (asp 1), any function of the Principal Reporter.

Initial investigations by Principal Reporter

113

(1) For the purpose of determining whether to make an application for the making of a parenting order under section 102, the Principal Reporter may make such investigations as the Principal Reporter considers appropriate.

(2) On a request made by the Principal Reporter for the purpose mentioned in subsection (1), a local authority shall supply to the Principal Reporter a report on—

(a) the child in relation to whom the Principal Reporter is determining whether to make the application;

(b) the parent in relation to whom the Principal Reporter is determining whether to make the application; and

(i) the child; and

(ii) the parent,

as appear to the Principal Reporter to be relevant.

Power of court to direct Principal Reporter to consider application for parenting order

114

Where, in any proceedings (other than proceedings under section 4 or 102), it appears to a court that it might be appropriate for a parenting order to be made in respect of a parent of a child, the court may require the Principal Reporter to consider whether to apply under section 102 for such an order.

Guidance about parenting orders

115

A person (other than a court) shall, in discharging functions by virtue of section 13 or this Part, have regard to any guidance given by the Scottish Ministers about—

(a) the discharge of those functions; and

(b) matters arising in connection with the discharge of those functions.

Power of hearing to direct Principal Reporter to consider application for parenting order

116

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

Interpretation

Interpretation of Part 9

117

In this Part—

“child” means a person who is under the age of 16 years;

“parent” means—any parent enjoying parental responsibilities or parental rights under Part 1 of the Children (Scotland) Act 1995,any individual in whom parental responsibilities or parental rights are vested by, under or by virtue of that Act,any individual in whom parental responsibilities or parental rights are vested by, under or by virtue of a permanence order (as defined in section 80(2) of the Adoption and Children (Scotland) Act 2007), andany individual who appears to be an individual who ordinarily (and other than by reason only of the individual’s employment) has charge of, or control over, the child,

“parenting order” has the meaning given by section 103(1).

Part 10 — Further criminal measures

Antisocial behaviour orders

118

After section 234A of the Criminal Procedure (Scotland) Act 1995 (c. 46) there shall be inserted—

(234AA) (1) Where subsection (2) below applies, the court may, instead of or in addition to imposing any sentence which it could impose, make an antisocial behaviour order in respect of a person (the “offender”). (2) This subsection applies where— (a) the offender is convicted of an offence; (b) at the time when he committed the offence, the offender was at least 12 years of age; (c) in committing the offence, he engaged in antisocial behaviour; and (d) the court is satisfied, on a balance of probabilities, that the making of an antisocial behaviour order is necessary for the purpose of protecting other persons from further antisocial behaviour by the offender. (3) For the purposes of subsection (2)(c) above, a person engages in antisocial behaviour if he— (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 him. (4) Subject to subsection (5) below, an antisocial behaviour order is an order which prohibits, indefinitely or for such period as may be specified in the order, the offender from doing anything described in the order. (5) The prohibitions that may be imposed by an antisocial behaviour order are those necessary for the purpose of protecting other persons from further antisocial behaviour by the offender. (6) Before making an antisocial behaviour order, the court shall explain to the offender in ordinary language— (a) the effect of the order and the prohibitions proposed to be included in it; (b) the consequences of failing to comply with the order; (c) the powers the court has under subsection (8) below; and (d) the entitlement of the offender to appeal against the making of the order. (7) Failure to comply with subsection (6) shall not affect the validity of the order. (8) On the application of the offender in respect of whom an antisocial behaviour order is made under this section, the court which made the order may, if satisfied on a balance of probabilities that it is appropriate to do so— (a) revoke the order; or (b) subject to subsection (9) below, vary it in such manner as it thinks fit. (9) Where an antisocial behaviour order specifies a period, the court may not, under subsection (8)(b) above, vary the order by extending the period. (10) An antisocial behaviour order made under this section, and any revocation or variation of such an order under subsection (8) above, shall be taken to be a sentence for the purposes of an appeal. (11) Sections 9 and 11 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) (which provide that breach of an antisocial behaviour order made under that Act is an offence for which a person is liable to be arrested without warrant) shall apply in relation to antisocial behaviour orders made under this section as those sections apply in relation to antisocial behaviour orders made under section 4 of that Act. (12) In this section, “conduct” includes speech; and a course of conduct must involve conduct on at least two occasions. (234AB) (1) Upon making an antisocial behaviour order under section 234AA of this Act, the court shall— (a) serve a copy of the order on the offender; and (b) give a copy of the order to the local authority it considers most appropriate. (2) Upon revoking an antisocial behaviour order under subsection (8)(a) of that section, the court shall notify the local authority to whom a copy of the order was given under subsection (1)(b) above. (3) Upon varying an antisocial behaviour order under subsection (8)(b) of that section, the court shall— (a) serve a copy of the order as varied on the offender; and (b) give a copy of the order as varied to the local authority to whom a copy of the order was given under subsection (1)(b) above. (4) For the purposes of this section, a copy is served on an offender if— (a) given to him; or (b) sent to him by registered post or the recorded delivery service. (5) A certificate of posting of a letter sent under subsection (4)(b) issued by the postal operator shall be sufficient evidence of the sending of the letter on the day specified in such certificate. (6) In this section, “offender” means the person in respect of whom the antisocial behaviour order was made.

Records of antisocial behaviour orders made in criminal courts

119

(1) A local authority shall keep records of each antisocial behaviour order of which the authority has been given a copy by virtue of subsection (1)(b) of section 234AB of the Criminal Procedure (Scotland) Act 1995 (c. 46) (the “1995 Act”).

(2) A record kept under subsection (1) shall specify—

(a) the person in respect of whom the order was made;

(b) the prohibitions imposed by the order;

(d) where the authority is, by virtue of subsection (2) of that section of the 1995 Act, notified of the revocation of the order, the date on which it was revoked;

(e) where the authority is, by virtue of subsection (3)(b) of that section of the 1995 Act, given a copy of the order as varied, the variation and its date; and

(f) such other matters relating to the order as the Scottish Ministers may prescribe in regulations.

(3) A local authority shall, on a request to do so being made to it by a person mentioned in subsection (4), disclose to that person information contained in a record kept under subsection (1).

(4) Those persons are—

(a) the Scottish Ministers;

(b) the Principal Reporter;

(d) the chief constable of the Police Service of Scotland;

(e) a registered social landlord.

(5) A local authority shall, in discharging functions by virtue of this section, have regard to such guidance issued by the Scottish Ministers as to—

(a) the discharge of those functions; and

(b) such matters arising in connection with the discharge of those functions,

as the Scottish Ministers think fit.

Community reparation orders

120

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

Restriction of liberty orders

121

(1) Section 245A of the Criminal Procedure (Scotland) Act 1995 (c. 46) (restriction of liberty orders) shall be amended in accordance with subsections (2) and (3).

(2) In subsection (1), the words “of 16 years of age or more” are repealed.

(3) After subsection (11), there shall be inserted—

(11A) A court shall not make a restriction of liberty order in respect of an offender who is under 16 years of age unless, having obtained a report on the offender from the local authority in whose area he resides, it is satisfied as to the services which the authority will provide for his support and rehabilitation during the period when he is subject to the order.

Sale of spray paint to children

Offence of selling spray paint to child

122

(1) A person who sells to a person under the age of 16 a spray paint device shall be guilty of an offence.

(2) In subsection (1), “spray paint device” means a device which—

(a) contains paint stored under pressure; and

(b) is designed to permit the release of the paint as a spray.

(3) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) It shall be a defence for a person charged with an offence under subsection (1) to show that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

Requirement to display warning statement

123

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