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Under these Acts, councils, registered social landlords (housing associations) and police have powers to tackle serious nuisance which constitutes antisocial behaviour.

Either the landlord or the police, in consultation with each other, can apply to a Sheriff's court for an Antisocial Behaviour Order (ASBO). ASBOs are intended to deal with criminal or serious behaviour and not minor disputes between neighbours. They are also not intended to address behaviour that is merely different, or that is the result of a mental disorder.

They can be made against persons in all kinds of housing - owner occupied or rented - but are not restricted to housing situations. And they can be used to address antisocial behaviour wherever it occurs.

An application for an ASBO can, however, take a considerable time. Thus interim ASBO'S were introduced by the Criminal Justice (Scotland) Act 2003 to allow more immediate protection from antisocial behaviour pending the outcome of an application for an ASBO.

The orders can be made against an individual or a group of individuals whose behaviour causes alarm, distress or harassment to someone not living in the same household. Their aim is to protect people from further antisocial acts.

An ASBO will prohibit the named individuals from certain types of behaviour for either a fixed or indefinite period of time. If the order is broken this is a criminal offence and the perpetrator can be arrested.

The Antisocial Behaviour etc. (Scotland) Act extended the use of ASBO's to children from the age of 12 years upwards. Such a process involves the Children's Hearing system, which focuses on the care and welfare of children and young people at risk. The Scottish Executive is currently reviewing the System.

The Crime and Disorder Act 1998 also provides for additional powers for the police to specifically combat noise nuisance. This can include seizing noise making equipment.

Information courtesy of Age Concern Factsheet 9s Scotland, 'Noise and neighbour nuisance - what you can do' February 2005
Website:www.ageconcernscotland.org.uk