LegalizeThe Antisocial Behaviour etc. (Scotland) (Commencement and Savings) Amendment Order 2005
Made: 8th November 2005
The Scottish Ministers, in exercise of the powers conferred by sections 141(2) and 145(2) 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
1
This Order may be cited as the Antisocial Behaviour etc. (Scotland) (Commencement and Savings) Amendment Order 2005.
Amendment of 2004 Order
2
The Antisocial Behaviour etc. (Scotland) (Commencement and Savings) Order 2004[^f00002] shall be amended as follows:–
- (a) in article 2, for “15th November 2005” substitute “31st March 2006”; and
- (b) in the table in article 3, at the end add–
| Schedule | Appointed day |
|---|---|
| 6 | 9th November 2005 |
3
After Schedule 5, insert the following Schedule–
SCHEDULE 6
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provisions of the Act | Subject Matter | Purpose |
| Section 68 | Antisocial behaviour notices | Only for the purpose of enabling orders to be made. |
| Section 72 | Appeals against orders under section 71 | Only for the purpose of enabling regulations to be made. |
| Section 74 | Management Control Order | Only for the purpose of commencing Schedule 3 for the purposes of enabling regulations to be made. |
| Section 78 | Action by local authority at landlord’s expense | Only for the purpose of enabling regulations to be made. |
| Section 80 | Advice and assistance | Only for the purpose of enabling regulations to be made. |
| Section 83 | Application for registration | Only for the purpose of enabling regulations and orders to be made. |
| Section 87 | Duty to provide information to local authority | Only for the purpose of enabling regulations to be made. |
| Section 97 | Appeals | Only for the purpose of enabling regulations to be made. |
| Section 99 | Advice and assistance | Only for the purpose of enabling regulations to be made. |
| Schedule 3 | Management Control Orders | Only for the purpose of enabling regulations to be made. |
Signed
MALCOLM CHISHOLM — A member of the Scottish Executive — 8th November 2005
Explanatory note
(This note is not part of the Order)
This Order amends the Antisocial Behaviour etc. (Scotland) (Commencement and Savings) Order 2004 (“the 2004 Order”).
Article 2 makes changes to the 2004 Order so that Parts 7 and 8 of the Antisocial Behaviour etc. (Scotland) Act 2004 (“the 2004 Act”) come into force on 31st March 2006. There is one exception to that change. The necessary powers to make regulations and orders come into force on 9th November 2005. Without these amendments, article 2 of the 2004 Order would bring those sections into force on 15th November 2005.
The effect of this Order is to–
- (a) bring forward to 9th November 2005 the commencement of order and regulation making powers contained in Parts 7 and 8 of the 2004 Act; and
- (b) set as 31st March 2006 the date for commencement of all remaining provisions of that Act.
Footnotes
[^f00001]: 2004 asp 8.
[^f00002]: S.S.I. 2004/420.
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