Housing Citation and commencement 1 This Order may be cited as the Antisocial Behaviour Notices (Houses Used for Holiday Purposes) (Scotland) Order 2011 and comes into force on the day after the day on which it is made. Amendment of the Antisocial Behaviour etc. (Scotland) Act 2004 2 Part 7 (housing: antisocial behaviour notices) of the Antisocial Behaviour etc. (Scotland) Act 2004 is modified in accordance with articles 3 to 8. 3 In section 68 (antisocial behaviour notices)— a after subsection (1) insert— 1A A local authority may also serve an antisocial behaviour notice on the landlord of a relevant house situated within the authority’s area and used for holiday purposes where— a the house has been used for those purposes on at least two occasions; b during at least two of those occasions a person mentioned in subsection (2) has engaged in antisocial behaviour at, or in the locality of, that house; and c the authority anticipates further use for those purposes that will result in antisocial behaviour by such a person. ; b in subsection (2)(a) after “subsection (1)” insert “or, as the case may be, (1A)”; c in subsection (3)— i before paragraph (a) insert— za stating whether it is served under subsection (1) or subsection (1A); ; ii at the start of paragraph (a) insert “where the notice is served under subsection (1),”; iii after paragraph (a) insert— aa where the notice is served under subsection (1A), describing the antisocial behaviour that has been engaged in at, or in the locality of, the relevant house to which the notice relates; ; iv at the start of paragraph (b) insert “where the notice is served under subsection (1),”; and v after paragraph (b) insert— ba where the notice is served under subsection (1A), requiring the landlord of the relevant house to take, before the expiry of such period as may be specified in the notice, such action for the purpose of dealing with future antisocial behaviour as may be so specified; ; d in subsection (5)(a), after “subsection (1)” insert “or (1A)”. 4 In section 69(1) (review of antisocial behaviour notices), after “68(1)” insert “or (1A)”. 5 In section 71(1) (failure to comply with notice: order as to rental income), after “68(1)” insert “or (1A)”. 6 In section 74(1) (failure to comply with notice: management control order), after “68(1)” insert “or (1A)”. 7 In section 78 (failure to comply with notice: action by authority at landlord’s expense)— a in subsection (1)(a), after “68(1)” insert “or (1A)”; b in subsection (1)(c), after “notice”, insert “under section 68(1) or, as the case may be, future antisocial behaviour in respect of which action was specified in a notice under section 68(1A)”; c in subsection (2), after “notice”, insert “under section 68(1) or, as the case may be, future antisocial behaviour in respect of which action was specified in a notice under section 68(1A)”. 8 In section 79(1) (failure to comply with notice: offence), after “68(1)” insert “or (1A)”. Consequential amendment of secondary legislation 9 The Antisocial Behaviour Notice (Landlord Liability) (Scotland) Regulations 2005 are amended as follows— a in regulation 1(3) (interpretation), after “68(1)” insert “or (1A)”; b in regulation 2 (landlord liability for expenditure of local authority), after paragraph (2) insert— 3 Where the notice is served under section 68(1A) of the 2004 Act , sub-paragraphs (a) and (b) of paragraph (2) have effect as if the references to dealing with the antisocial behaviour specified in the notice were references to dealing with future antisocial behaviour. . 10 In regulation 2 (advice and assistance) of the Antisocial Behaviour Notice (Advice and Assistance) (Scotland) Regulations 2005 — a in paragraph (1), after “68(1)” insert “or (1A)”; b in paragraph (2)(b), after “68(1)” insert “or (1A)”. ALEX NEIL Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 11th March 2011