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Section 19: Anti-social behaviour orders.

Crime and Disorder Act 1998 · 1998 c. 37View on legislation.gov.uk

This provision is repealed
It is retained for historical reference and may not reflect the law currently in force.

Part I: Prevention of crime and disorder — Chapter II: Scotland

REPEALED on 2004-10-28 by Antisocial Behaviour etc. (Scotland) Act 2004.

The text below is from the dated revised snapshot immediately preceding this status change. It is historical and is not current law. View the historical source.

A relevant authority may make an application for an order under this section if it appears to the authority that the following conditions are fulfilled with respect to any person of or over the age of 16, namely—

that the person has—
acted in an anti-social manner, that is to say, in a manner that caused or was likely to cause alarm or distress; or
pursued a course of anti-social conduct, that is to say, pursued a course of conduct that caused or was likely to cause alarm or distress,

to one or more persons not of the same household as himself . . . (and in this section “anti-social acts” and “anti-social conduct” shall be construed accordingly); and

that such an order is necessary to protect relevant persons from further anti-social acts or conduct by him.

An application under subsection (1) above shall be made by summary application to the sheriff within whose sheriffdom the alarm or distress was alleged to have been caused or to have been likely to be caused.

On an application made under subsection (1) above, being an application of which the person in respect of whom it is made has received intimation, the sheriff may, pending its determination, make such interim order as the sheriff considers appropriate provided that he is satisfied—

that were the actings or conduct complained of in the application established, the condition mentioned in paragraph (a) of that subsection would be fulfilled; and
that such an interim order is necessary for the purpose mentioned in paragraph (b) of that subsection.

On an application under subsection (1) above, the sheriff may, if he is satisfied that the conditions mentioned in that subsection are fulfilled, make an order under this section (an “anti-social behaviour order”) which, for the purpose of protecting relevant persons from further anti-social acts or conduct by the person against whom the order is sought, prohibits him from doing anything described in the order.

For the purpose of determining whether the condition mentioned in subsection (1)(a) is fulfilled, the sheriff shall disregard any act of the person in respect of whom the application is made which that person shows was reasonable in the circumstances.

This section does not apply in relation to anything done before the commencement of this section.

Nothing in this section shall prevent a relevant authority from instituting any legal proceedings otherwise than under this section against any person in relation to any anti-social act or conduct.

In this section “conduct” includes speech and a course of conduct must involve conduct on at least two occasions.

In this section and section 21 below—

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.