#2026/163The Antisocial Behaviour (Fixed Penalty Offences) (Miscellaneous Amendment) (Scotland) Order 2026
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This statutory instrument, made on 24 March 2026 and coming into force on 26 March 2026, amends the Antisocial Behaviour etc. (Scotland) Act 2004 and a related 2005 Order. It updates the list of offences that can be dealt with by fixed penalty notices rather than court proceedings. The Order exercises powers under sections 128(2)(b), 130(1) and 141(2)(b) of the 2004 Act and follows the affirmative parliamentary procedure. A saving provision ensures that existing fixed penalty notices or ongoing processes before the commencement date remain unaffected by the new amendments.
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Key Changes
- Amends the Antisocial Behaviour etc. (Scotland) Act 2004 to update fixed penalty offences list
- Amends the Antisocial Behaviour (Fixed Penalty Offences) (Scotland) Order 2005
- Introduces new or updated offences eligible for fixed penalty notices instead of court action
+ 3 more changes with Pro
Obligations
What this law requires
Scottish Ministers must ensure amendments to the list of fixed penalty offences under the Antisocial Behaviour etc. (Scotland) Act 2004 are implemented by 26 March 2026
Police and enforcement authorities must apply updated fixed penalty notice procedures for offences added to the amended list from 26 March 2026 onwards
Existing fixed penalty notices issued before 26 March 2026 must continue to be processed under the original legislation and are not affected by the amendments
Ongoing proceedings commenced before 26 March 2026 must continue under the original provisions of the Antisocial Behaviour etc. (Scotland) Act 2004 and related 2005 Order