| Guvnor

Enforced by: Local Authority, Scottish Government, Police
Status: Amended (in force with amendments)
Penalty ceiling: Imprisonment 7 of 57 obligations carry a fine up to £1,000. 9 carry different penalties and 41 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person15 Landlord6 Licence Holder1

Plus 35 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Landlord — also bound by 224 other Acts

Renting Homes (Wales) Act 2016 74 duties

Housing Act 1985 55 duties

Housing Act 1996 30 duties

The Service Charges (Consultation Requirements) (England) Regulations 2003 27 duties

The Service Charges (Consultation Requirements) (Wales) Regulations 2004 26 duties

Licence Holder — also bound by 225 other Acts

Petroleum (Current Model Clauses) Order 1999 318 duties

The Petroleum Licensing (Exploration and Production) (Seaward and Landward Areas) Regulations 2004 123 duties

Human Medicines Regulations 2012 83 duties

Space Industry Regulations 2021 68 duties

The Petroleum (Production) (Landward Areas) Regulations 1991 65 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Antisocial behaviour strategies

2 of 3 sections shown

s.001 Antisocial behaviour strategies Regulated

Other duties (1) — Crown / regulator

Local authorities and Police must create antisocial behaviour strategiesLocal authority

s.002 Reports and information Regulated

Registered social landlords must provide information for antisocial behaviour reportsLandlord

1 other section in this Part — procedural and definitional

s.003 Scottish Ministers' power to apply sections 1 and 2 to registered social landlords

Part 2

Antisocial behaviour orders

6 of 15 sections shown

s.004 Antisocial behaviour orders Regulated

Consult local authority before applying for an antisocial behaviour orderLandlord

s.009 Breach of orders Imprisonment

Breach an antisocial behaviour order (ASBO)Any Person

s.014 Provision of information to local authorities Regulated

Registered social landlords must share ASBO details with local councilsLandlord

s.015 Records of orders Regulated

Other duties (1) — Crown / regulator

Local authorities must maintain and disclose records of ASBOsLocal authority

s.016 Guidance in relation to antisocial behaviour orders Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must provide guidance on antisocial behaviour ordersCrown / Minister / Government department

s.017 Arrangement of study into operation of Part Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must study and report on antisocial behaviour lawsCrown / Minister / Government department

9 other sections in this Part — procedural and definitional

s.005 Antisocial behaviour orders: variation and revocation

s.006 Appeals: effect on competence of application under section 5

s.007 Interim antisocial behaviour orders

s.008 Notification of making etc. of orders and interim orders

s.010 Breach of orders: prohibition on detention of children

s.011 Breach of orders: arrest without warrant

s.012 Sheriff’s power to refer case to children’s hearing

s.013 Sheriff’s power to make parenting order

s.018 Interpretation of Part 2

Part 3

Dispersal of groups

5 of 7 sections shown

s.019 Authorisations Regulated

Other duties (1) — Crown / regulator

Senior police officer may authorise dispersal powers in specific areasStatutory regulator

s.020 Authorisations: supplementary Regulated

Other duties (1) — Crown / regulator

Senior police officer must notify the public before using section 21 powersStatutory regulator

s.022 Powers under section 21: supplementary Imprisonment

Ignore a police direction under section 21Any Person

s.023 Guidance in relation to dispersal of groups Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must provide guidance on police dispersal powersCrown / Minister / Government department

s.024 Operation of Part: arrangement of study Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must study and report on antisocial behaviour legislationCrown / Minister / Government department

2 other sections in this Part — procedural and definitional

s.021 Powers exercisable in pursuance of authorisations

s.025 Interpretation of Part 3

Part 4

Closure of premises

4 of 16 sections shown

s.027 Service etc. Regulated

Other duties (1) — Crown / regulator

Police must serve and display closure notices for premisesStatutory regulator

s.028 Application to sheriff Regulated

Other duties (1) — Crown / regulator

Police must apply to court for a closure order following a closure noticeStatutory regulator

s.037 Offences Imprisonment

Enter closed premises or obstruct authorised officerAny Person

s.039 Guidance in relation to closure of premises Regulated

Other duties (1) — Crown / regulator

Authorities must follow Scottish Ministers' guidance on closing premisesCrown / Minister / Government department

12 other sections in this Part — procedural and definitional

s.026 Authorisation of closure notice

s.029 Closure orders

s.030 Application: determination

s.031 Enforcement

s.032 Extension

s.033 Revocation

s.034 Access to other premises

s.035 Reimbursement of expenditure

s.036 Appeals

s.038 Offences under section 37: arrest without warrant

s.040 Interpretation of Part 4

s.040 Exploitation offences

Part 5

Noise nuisance

5 of 14 sections shown

s.041 Application of noise control provisions to local authority areas Regulated

Other duties (1) — Crown / regulator

Local authorities must publish notice when adopting noise control provisionsLocal authority

s.043 Investigation of excessive noise from certain places Regulated

Other duties (1) — Crown / regulator

Local authority must investigate complaints of excessive noiseLocal authority

s.045 Offence where noise exceeds permitted level after service of notice Prosecution

Exceed permitted noise level after warning noticeAny Person

Fine up to £1,000

s.047 Powers of entry and seizure of equipment used to make noise unlawfully Prosecution

Obstruct entry or seizure for unlawful noiseAny Person

Fine up to £1,000

s.052 Guidance in relation to this Part Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must provide guidance on anti-social behaviour functionsCrown / Minister / Government department

9 other sections in this Part — procedural and definitional

s.042 Revocation or variation of resolution under section 41

s.044 Warning notices

s.046 Fixed penalty notices

s.048 Permitted level of noise

s.049 Approval of measuring devices

s.050 Power to provide funds to local authorities

s.051 Fixed penalty notices: supplementary

s.053 Meaning of “relevant place” and “relevant property”

s.054 Interpretation of Part 5

Part 6

The environment

2 of 13 sections shown

s.057 Directions in respect of duty under section 89 of 1990 Act Regulated

Other duties (1) — Crown / regulator

Scottish Ministers may issue and publish litter-clearing directionsCrown / Minister / Government department

s.062 Guidance to local authorities about graffiti removal functions Regulated

Other duties (1) — Crown / regulator

Councils must follow Scottish Ministers' guidance on graffiti removalLocal authority

11 other sections in this Part — procedural and definitional

s.055 Contraventions of section 33(1)(a) and (c) of 1990 Act: fixed penalty notices

s.056 Litter: power of constables to issue fixed penalty notices

s.058 Power of local authority to serve notice about graffiti

s.059 Power to modify meaning of “relevant surface”

s.060 Graffiti removal notice: content and service

s.061 Non-compliance with graffiti removal notice

s.063 Appeal against graffiti removal notice

s.064 Appeal against notice under section 61(4)

s.065 Graffiti removal notice: exemptions from liability

s.066 Increase in penalties for certain environmental offences

s.067 Interpretation of Part 6

Part 7

Housing: antisocial behaviour notices

3 of 14 sections shown

s.075 Management control order: notification Regulated

Other duties (1) — Crown / regulator

Local authority must notify parties when a management control order is madeLocal authority

s.077 Management control order: notification of revocation Regulated

Notify the local authority and tenants when a management control order is liftedLandlord

s.079 Failure to comply with notice: offence Prosecution

Fail to comply with antisocial behaviour noticeLandlord

Unlimited fine

11 other sections in this Part — procedural and definitional

s.068 Antisocial behaviour notices

s.069 Review of antisocial behaviour notices

s.070 Internal procedure on review

s.071 Failure to comply with notice: order as to rental income

s.072 Appeals against orders under section 71

s.073 Orders under section 71: revocation and suspension

s.074 Failure to comply with notice: management control order

s.076 Management control order: revocation

s.078 Failure to comply with notice: action by authority at landlord’s expense

s.080 Regulations about advice and assistance: Part 7

s.081 Interpretation of Part 7

Part 8

Housing: registration of certain landlords

21 of 30 sections shown

s.082 Registers Regulated

Other duties (1) — Crown / regulator

Local authorities must maintain a register of landlordsLocal authority

s.083 Application for registration Prosecution

Provide false or missing information on registration applicationAny Person

Fine up to £1,000

s.084 Registration Regulated

Other duties (1) — Crown / regulator

Local authority must register or refuse landlord applicationsLocal authority

s.085 Fit and proper person: Level 2 disclosure Regulated

Other duties (1) — Crown / regulator

Local authorities may require a Level 2 disclosure from landlordsLocal authority

s.086 Notification of registration or refusal to register Regulated

Other duties (1) — Crown / regulator

Local authority must notify landlords of registration decisionsLocal authority

s.087 Duty of registered person to provide information to local authority Prosecution

Fail to provide updated registration info to local authorityAny Person

Fine up to £1,000

s.087 Duty of local authority to note decisions of the First-tier Tribunal for Scotland Housing and Property Chamber Regulated

Other duties (1) — Crown / regulator

Local authority must update the landlord register following Tribunal decisionsLocal authority

s.088 Registered person: appointment of agent Prosecution

Fail to give correct notice of agent appointmentAny Person

Fine up to £1,000

s.088 Access to register Regulated

Other duties (1) — Crown / regulator

Local authorities must provide information from the landlord registerLocal authority

s.090 Notification of removal from register: registered person Regulated

Other duties (1) — Crown / regulator

Local authority must notify you by recorded delivery if removed from registerLocal authority

s.091 Notification of removal from register: other persons Regulated

Other duties (1) — Crown / regulator

Local authorities must notify tenants and agents of landlord removal from registerLocal authority

s.092 Duty of certain persons to include landlord registration number in advertisements Regulated

Include landlord registration number in all written advertisementsLicence Holder

s.092 Duty to note refusals and removals Regulated

Other duties (1) — Crown / regulator

Local authorities must record landlord registration refusals and removalsLocal authority

s.093 Offences Prosecution

Fail to register a rented house with the local authorityLandlord

Fine up to £50,000

s.093 Disqualification orders etc. Regulated

Other duties (1) — Crown / regulator

Courts may disqualify individuals or directors from landlord registrationTribunal / Court

s.095 Notices under section 94: revocation Regulated

Other duties (1) — Crown / regulator

Local authority must revoke a rent-stop notice when conditions improveLocal authority

s.096 Notification of revocation of notice Regulated

Other duties (1) — Crown / regulator

Local authorities must notify landlords when a rent-stop notice is revokedLocal authority

s.097 Power to obtain information Prosecution

Fail to comply with a local authority information request (or give false info)Any Person

Fine up to £500

s.099 Guidance Regulated

Other duties (1) — Crown / regulator

Local authorities must follow government guidance on antisocial behaviourLocal authority

s.100 Amendment of Housing (Scotland) Act 1988

amended 1 time (opens in a new tab)

s.101 Interpretation of Part 8

amended 7 times (opens in a new tab)

9 other sections in this Part — procedural and definitional

s.085 Section 84: considerations

s.089 Removal from register

s.092 Appeal against refusal to register or removal from register

s.092 The Letting Code

s.094 Circumstances in which no rent to be payable

s.097 Appeals

s.097 Power to obtain information: service of requirement

s.098 Grants to local authorities

s.099 Regulations about advice and assistance: Part 8

Part 9

Parenting orders

16 of 16 sections shown

s.102 Applications

amended 1 time (opens in a new tab)

s.103 Parenting orders

amended 1 time (opens in a new tab)

s.104 Notification of making of order

amended 1 time (opens in a new tab)

s.105 Review of order

amended 1 time (opens in a new tab)

s.106 Appeals

amended 1 time (opens in a new tab)

s.107 Failure to comply with order

amended 1 time (opens in a new tab)

s.108 Procedural requirements Regulated

Other duties (1) — Crown / regulator

Courts must follow specific procedures before issuing a parenting orderTribunal / Court

amended 1 time (opens in a new tab)

s.109 General considerations relating to making, varying and revoking order

amended 1 time (opens in a new tab)

s.110 Account to be taken of religion, work and education Regulated

Other duties (1) — Crown / regulator

Courts must protect employment and education when making parenting ordersTribunal / Court

amended 1 time (opens in a new tab)

s.111 Restriction on reporting proceedings relating to parenting orders Prosecution

Publish identifying details of parenting order proceedingsAny Person

Fine up to £2,500 · amended 2 times (opens in a new tab)

s.112 Conduct of proceedings by reporters

amended 3 times (opens in a new tab)

s.113 Initial investigations by Principal Reporter

amended 1 time (opens in a new tab)

s.114 Power of court to direct Principal Reporter to consider application for parenting order

amended 1 time (opens in a new tab)

s.115 Guidance about parenting orders Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must provide guidance on parenting ordersCrown / Minister / Government department

amended 1 time (opens in a new tab)

s.116 Power of hearing to direct Principal Reporter to consider application for parenting order

amended 2 times (opens in a new tab)

s.117 Interpretation of Part 9

amended 2 times (opens in a new tab)

Part 10

Further criminal measures

10 of 10 sections shown

s.118 Antisocial behaviour orders

amended 1 time (opens in a new tab)

s.119 Records of antisocial behaviour orders made in criminal courts Regulated

Other duties (1) — Crown / regulator

Local authorities must maintain and disclose records of criminal ASBOsLocal authority

amended 2 times (opens in a new tab)

s.120 Community reparation orders

amended 2 times (opens in a new tab)

s.121 Restriction of liberty orders

amended 1 time (opens in a new tab)

s.122 Offence of selling spray paint to child Prosecution

Sell spray paint to a child under 16Any Person

Fine up to £1,000 · amended 1 time (opens in a new tab)

s.123 Requirement to display warning statement Prosecution

Fail to display spray‑paint warning noticeAny Person

Fine up to £500 · amended 1 time (opens in a new tab)

s.124 Offences under sections 122 and 123: enforcement

amended 1 time (opens in a new tab)

s.125 Offences under sections 122 and 123: powers of entry, inspection and seizure

amended 1 time (opens in a new tab)

s.126 Vehicles used in manner causing alarm, distress or annoyance Prosecution

Fail to stop a vehicle when ordered by policeAny Person

Fine up to £1,000 · amended 1 time (opens in a new tab)

s.127 Retention etc. of vehicles seized under section 126 Regulated

Other duties (1) — Crown / regulator

Scottish Ministers must set rules for vehicle seizure and recoveryCrown / Minister / Government department

amended 1 time (opens in a new tab)

Part 11

Fixed penalties

7 of 7 sections shown

s.128 Fixed penalty offences

amended 7 times (opens in a new tab)

s.129 Fixed penalty notices

amended 1 time (opens in a new tab)

s.130 Amount of fixed penalty and form of fixed penalty notice

amended 2 times (opens in a new tab)

s.131 Effect of fixed penalty notice Prosecution

Fail to pay or contest a fixed‑penalty noticeAny Person

Unlimited fine · amended 3 times (opens in a new tab)

s.132 Payment of fixed penalty

amended 3 times (opens in a new tab)

s.133 Revocation of fixed penalty notices

amended 1 time (opens in a new tab)

s.134 Interpretation of Part 11

amended 1 time (opens in a new tab)

Part 12

Children’s hearings

3 of 3 sections shown

s.135 Supervision requirements: conditions restricting movement

amended 1 time (opens in a new tab)

s.136 Supervision requirements: duties of local authorities

amended 1 time (opens in a new tab)

s.137 Failure to provide education for excluded pupils: reference

amended 1 time (opens in a new tab)

Part 13

Miscellaneous and general

7 of 8 sections shown

s.138 Privacy of certain proceedings

amended 1 time (opens in a new tab)

s.139 Disclosure and sharing of information

amended 2 times (opens in a new tab)

s.140 Equal opportunities Regulated

Any person exercising powers under this Act must promote equal opportunitiesAny Person

amended 1 time (opens in a new tab)

s.141 Orders and regulations

amended 1 time (opens in a new tab)

s.142 Directions

amended 1 time (opens in a new tab)

s.143 Interpretation: “antisocial behaviour” and other expressions

amended 2 times (opens in a new tab)

s.144 Minor and consequential amendments and repeals

amended 4 times (opens in a new tab)

1 other section in this Part — procedural and definitional

s.145 Short title and commencement

Schedules

0 of 31 shown

31 other schedules

s.001 Powers in relation to equipment seized under section 47

s.003 Management control orders

s.005 Repeals

s.sch001 In this schedule— (a) “noise offence” means, in relation to...

s.sch001 (1) Any seized equipment may be retained—

s.sch001 (1) Where a person is convicted of a noise offence...

s.sch001 (1) Where any equipment has been forfeited under paragraph 3,...

s.sch001 Return etc. of seized equipment

s.sch001 (1) Where in the case of any seized equipment no...

s.sch002 Penalties for certain environmental offences

s.sch002 (1) The Sewerage (Scotland) Act 1968 shall be amended as...

s.sch002 (1) The Control of Pollution Act 1974 shall be amended...

s.sch002 Section 75 of the Water (Scotland) Act 1980 (penalty for...

s.sch002 (1) The 1990 Act shall be amended as follows.

s.sch002 In paragraph 25(2)(a)(ii) of Schedule 1 to the Pollution Prevention...

s.sch002 In paragraph 20(2)(a)(ii) of schedule 2 to the Water Environment...

s.sch002 In paragraph (2)(a) of regulation 30 of the Pollution Prevention...

s.sch002 In paragraph (2)(a) of regulation 19 of the Landfill (Scotland)...

s.sch003 (1) Paragraphs 2 to 6 apply while an order is...

s.sch003 The order shall not affect the rights or liabilities of...

s.sch003 (1) The local authority shall pay to such relevant person...

s.sch003 If during the management period— (a) rent payable; or

s.sch003 The local authority may authorise any person to do in...

s.sch003 (1) Where— (a) the house to which an order relates...

s.sch004 Minor and consequential amendments

s.sch004 In section 27 of the Social Work (Scotland) Act 1968...

s.sch004 In subsection (2C)(c) of section 31 of the Housing (Scotland)...

s.sch004 After section 81(3) of the Environmental Protection Act 1990 (power...

s.sch004 (1) The Children (Scotland) Act 1995 shall be amended as...

s.sch004 (1) The Criminal Procedure (Scotland) Act 1995 shall be amended...

s.sch004 (1) The Housing (Scotland) Act 2001 shall be amended as...

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Antisocial Behaviour (Scotland) Act 2004

Does it bind you?

Other Acts binding the same actors

What it requires

Antisocial behaviour strategies

Antisocial behaviour orders

Dispersal of groups

Closure of premises

Noise nuisance

The environment

Housing: antisocial behaviour notices

Housing: registration of certain landlords

Parenting orders

Further criminal measures

Fixed penalties

Children’s hearings

Miscellaneous and general

Schedules