Antisocial Behaviour etc. (Scotland) Act 2004

Interpretation S

81 Interpretation of Part 7 S

(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—

  (a)

  is occupied as a dwelling under—

  (i)

  a tenancy; or

  (ii)

  an occupancy arrangement; and

  (b)

  does 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 [F1 paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010] (asp 8));

(ii) a school care accommodation service (as defined in [F2 paragraph 3 of that schedule]);

F3 (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) a secure accommodation service (as defined in [F4 paragraph 6 of that schedule]);

[F5 (v) an independent hospital (as defined in subsection (2) of section 10F of the Public Services Reform (Scotland) Act 2010 (asp 8));

(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.

Textual Amendments

F1 Words in s. 81(3)(b)(i) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 14(2)(a)

F2 Words in s. 81(3)(b)(ii) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 14(2)(b)

F3 S. 81(3)(b)(iii) and word repealed (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 2 para. 9(a)(i)(ii)

F4 Words in s. 81(3)(b)(iv) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 14(2)(c)

F5 S. 81(3)(b)(v)-(viii) inserted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 2 para. 9(a)(iii)