The Antisocial Behaviour (Fixed Penalty Notice) (Additional Information) (Scotland) Order 2005

Made: 3rd March 2005

Laid before the Scottish Parliament: 4th March 2005

Coming into force: 1st April 2005

The Scottish Ministers, in exercise of the powers conferred by section 130(3)(f) of the Antisocial Behaviour etc. (Scotland) Act 2004[^f00001], and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Antisocial Behaviour (Fixed Penalty Notice)(Additional Information) (Scotland) Order 2005 and shall come into force on 1st April 2005.

• (2) In this Order–

• “fixed penalty notice” shall have the same meaning as section 129(2) of the Antisocial Behaviour etc. (Scotland) Act 2004.

Additional information to be included on a fixed penalty notice

2

For the purposes of section 130(3)(f) of the Antisocial etc. Behaviour (Scotland) Act 2004 a fixed penalty notice shall include the following other information:

• (a) the name, address and date of birth of the person to whom the fixed penalty notice is given;

• (b) the date and time on which the fixed penalty notice was given;

• (c) the place at which the fixed penalty notice was given;

• (d) the particulars of the constable who gave the fixed penalty notice;

• (e) information connected with the administration of the fixed penalty notice; and

• (f) the method of payment for the fixed penalty.

Signed

HUGH HENRY — Authorised to sign by the Scottish Ministers — 3rd March 2005

Explanatory note

(This note is not part of the Order)

This Order prescribes the additional information that will be included on a fixed penalty notice given to a person if a constable has reason to believe that that person has committed a fixed penalty offence as defined by section 128(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 (“the 2004 Act”). Section 130 of the 2004 Act provides that a fixed penalty notice shall include the information which is listed in subsection (3)(a) to (e) of that section, and other such information as the Scottish Ministers prescribe.

Footnotes

[^f00001]: 2004 (asp 8).