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Section 21: Procedural provisions with respect to 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This provision is repealed
It is retained for historical reference and may not reflect the law currently in force.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REPEALED on 2004-10-28 by Antisocial Behaviour etc.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.

Before making an application under—

section 19(1) above;
subsection (7)(b)(i) below,

a relevant authority shall consult the relevant chief constable.

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Before making an application under section 19(1) above or subsection (7)(b)(i) below, a registered social landlord shall provide notification of its intention to do so to the local authority within whose area the person in respect of whom the application is to be made resides or appears to reside.

In subsection (1) above “relevant chief constable” means the chief constable of the police force maintained under the Police (Scotland) Act 1967

the area of which includes the area of the local authority making the application; or
as the case may be, the place where the person in relation to whom the application is to be made by the registered social landlord resides or appears to reside.

A failure to comply with subsection (1). . . above shall not affect the validity of an order made on any application to which that subsection applies.

A record of evidence shall be kept on any summary application under section 19 . . . above or subsection (7)(b) below.

Subsections (7) to (9) below apply to anti-social behaviour orders . . . and subsections (8) and (9) below apply to an order made under section 19(2A) . . . above.

An order to which this subsection applies—

shall have effect for a period specified in the order or indefinitely; and
may at any time be varied or revoked (in the case of a sex offender order, by the appropriate court for that order) on a summary application by—
the local authority . . . or registered social landlord who obtained the order or, in the case of a sex offender order, any other relevant chief constable ; or
the person subject to the order.

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The clerk of the court by which an order to which this subsection applies is made or varied shall cause a copy of the order as so made or varied to be—

given to the person named in the order; or
sent to the person so named by registered post or by the recorded delivery service.

An acknowledgement or certificate of delivery of a letter sent under subsection (8)(b) above issued by the Post Office shall be sufficient evidence of the delivery of the letter on the day specified in such acknowledgement or certificate.

An interlocutor granting or refusing, under section 19(2A) above, an interim order is an appealable interlocutor.

Where an appeal is taken, by virtue of subsection (9A) above, against an interlocutor granting an interim order that order shall, without prejudice to any power of the court to vary or recall it, continue to have effect pending the disposal of the appeal.

Where an appeal is lodged against the determination of an application under section 19 . . . above or subsection (7)(b) above, any order made on the application shall, without prejudice to the determination of an application under subsection (7)(b) above made after the lodging of the appeal, continue to have effect pending the disposal of the appeal.

About this text

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.