Anti-social Behaviour Act 2003 (c. 38)

(The document as of February, 2008)

-- Back --

Page 6

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8

73 Determination or withdrawal of appeals

(1) On an appeal under section 71 the appeal authority may allow or dismiss the appeal, either in whole or in part.

(2) Where the appeal authority decides to allow such an appeal to any extent, it may do such of the following as it considers appropriate--

(a) quash a remedial notice or decision to which the appeal relates;

(b) vary the requirements of such a notice; or

(c) in a case where no remedial notice has been issued, issue on behalf of the relevant authority a remedial notice that could have been issued by the relevant authority on the complaint in question.

(3) On an appeal under section 71 relating to a remedial notice, the appeal authority may also correct any defect, error or misdescription in the notice if it is satisfied that the correction will not cause injustice to any person falling within section 71(2).

(4) Once the appeal authority has made its decision on an appeal under section 71, it must, as soon as is reasonably practicable--

(a) give a notification of the decision, and

(b) if the decision is to issue a remedial notice or to vary or correct the requirements of such a notice, send copies of the notice as issued, varied or corrected,

to every person falling within section 71(2) and to the relevant authority.

(5) Where, in consequence of the appeal authority's decision on an appeal, a remedial notice is upheld or varied or corrected, the operative date of the notice shall be--

(a) the date of the appeal authority's decision; or

(b) such later date as may be specified in its decision.

(6) Where the person making an appeal under section 71 against a remedial notice withdraws his appeal, the operative date of the notice shall be the date on which the appeal is withdrawn.

(7) In any case falling within subsection (5) or (6), the compliance period for the notice shall accordingly run from the date which is its operative date by virtue of that subsection (and any period which may have started to run from a date preceding that on which the appeal was made shall accordingly be disregarded).

Powers of entry

74 Powers of entry for the purposes of complaints and appeals

(1) Where, under this Part, a complaint has been made or a remedial notice has been issued, a person authorised by the relevant authority may enter the neighbouring land in order to obtain information required by the relevant authority for the purpose of determining--

(a) whether this Part applies to the complaint;

(b) whether to issue or withdraw a remedial notice;

(d) whether a requirement of a remedial notice has been complied with.

(2) Where an appeal has been made under section 71, a person authorised--

(a) by the appeal authority, or

(b) by a person appointed to determine appeals on its behalf,

may enter the neighbouring land in order to obtain information required by the appeal authority, or by the person so appointed, for the purpose of determining an appeal under this Part.

(3) A person shall not enter land in the exercise of a power conferred by this section unless at least 24 hours' notice of the intended entry has been given to every occupier of the land.

(4) A person authorised under this section to enter land--

(a) shall, if so required, produce evidence of his authority before entering; and

(b) shall produce such evidence if required to do so at any time while he remains on the land.

(5) A person who enters land in the exercise of a power conferred by this section may--

(a) take with him such other persons as may be necessary;

(b) take with him equipment and materials needed in order to obtain the information required;

(6) If, in the exercise of a power conferred by this section, a person enters land which is unoccupied or from which all of the persons occupying the land are temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.

(7) A person who intentionally obstructs a person acting in the exercise of the powers under this section is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Enforcement powers etc.

75 Offences

(1) Where--

(a) a remedial notice requires the taking of any action, and

(b) that action is not taken in accordance with that notice within the compliance period or (as the case may be) by the subsequent time by which it is required to be taken,

every person who, at a relevant time, is an owner or occupier of the neighbouring land is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(2) In subsection (1) "relevant time"--

(a) in relation to action required to be taken before the end of the compliance period, means a time after the end of that period and before the action is taken; and

(b) in relation to any preventative action which is required to be taken after the end of that period, means a time after that at which the action is required to be taken but before it is taken.

(3) In proceedings against a person for an offence under subsection (1) it shall be a defence for him to show that he did everything he could be expected to do to secure compliance with the notice.

(4) In any such proceedings against a person, it shall also be a defence for him to show, in a case in which he--

(a) is not a person to whom a copy of the remedial notice was sent in accordance with a provision of this Part, and

(b) is not assumed under subsection (5) to have had knowledge of the notice at the time of the alleged offence,

that he was not aware of the existence of the notice at that time.

(5) A person shall be assumed to have had knowledge of a remedial notice at any time if at that time--

(a) he was an owner of the neighbouring land; and

(b) the notice was at that time registered as a local land charge.

(6) Section 198 of the Law of Property Act 1925 (c. 20) (constructive notice) shall be disregarded for the purposes of this section.

(7) Where a person is convicted of an offence under subsection (1) and it appears to the court--

(a) that a failure to comply with the remedial notice is continuing, and

(b) that it is within that person's power to secure compliance with the notice,

the court may, in addition to or instead of imposing a punishment, order him to take the steps specified in the order for securing compliance with the notice.

(8) An order under subsection (7) must require those steps to be taken within such reasonable period as may be fixed by the order.

(9) Where a person fails without reasonable excuse to comply with an order under subsection (7) he is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(10) Where a person continues after conviction of an offence under subsection (9) (or of an offence under this subsection) to fail, without reasonable excuse, to take steps which he has been ordered to take under subsection (7), he is guilty of a further offence and shall be liable, on summary conviction, to a fine not exceeding one-twentieth of that level for each day on which the failure has so continued.

76 Power to require occupier to permit action to be taken by owner

Section 289 of the Public Health Act 1936 (c. 49) (power of court to require occupier to permit work to be done by owner) shall apply with any necessary modifications for the purpose of giving an owner of land to which a remedial notice relates the right, as against all other persons interested in the land, to comply with the notice.

77 Action by relevant authority

(1) This section applies where--

(a) a remedial notice requires the taking of any action; and

(b) that action is not taken in accordance with that notice within the compliance period or (as the case may be) after the end of that period when it is required to be taken by the notice.

(2) Where this section applies--

(a) a person authorised by the relevant authority may enter the neighbouring land and take the required action; and

(b) the relevant authority may recover any expenses reasonably incurred by that person in doing so from any person who is an owner or occupier of the land.

(3) Expenses recoverable under this section shall be a local land charge and binding on successive owners of the land and on successive occupiers of it.

(4) Where expenses are recoverable under this section from two or more persons, those persons shall be jointly and severally liable for the expenses.

(5) A person shall not enter land in the exercise of a power conferred by this section unless at least 7 days' notice of the intended entry has been given to every occupier of the land.

(6) A person authorised under this section to enter land--

(a) shall, if so required, produce evidence of his authority before entering; and

(b) shall produce such evidence if required to do so at any time while he remains on the land.

(7) A person who enters land in the exercise of a power conferred by this section may--

(a) use a vehicle to enter the land;

(b) take with him such other persons as may be necessary;

(8) If, in the exercise of a power conferred by this section, a person enters land which is unoccupied or from which all of the persons occupying the land are temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.

(9) A person who wilfully obstructs a person acting in the exercise of powers under this section to enter land and take action on that land is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

78 Offences committed by bodies corporate

(1) Where an offence under this Part committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of--

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) any person who was purporting to act in any such capacity,

he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Supplementary

79 Service of documents

(1) A notification or other document required to be given or sent to a person by virtue of this Part shall be taken to be duly given or sent to him if served in accordance with the following provisions of this section.

(2) Such a document may be served--

(a) by delivering it to the person in question;

(b) by leaving it at his proper address; or

(3) Such a document may--

(a) in the case of a body corporate, be served on the secretary or clerk of that body;

(b) in the case of a partnership, be served on a partner or a person having the control or management of the partnership business.

(4) For the purposes of this section and of section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, a person's proper address shall be his last known address, except that--

(a) in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body; and

(b) in the case of a partnership or person having the control or the management of the partnership business, it shall be the principal office of the partnership.

(5) For the purposes of subsection (4) the principal office of--

(a) a company registered outside the United Kingdom, or

(b) a partnership carrying on business outside the United Kingdom,

shall be their principal office within the United Kingdom.

(6) If a person has specified an address in the United Kingdom other than his proper address within the meaning of subsection (4) as the one at which he or someone on his behalf will accept documents of a particular description, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address in connection with the service on him of a document of that description.

(7) Where--

(a) by virtue of this Part a document is required to be given or sent to a person who is an owner or occupier of any land, and

(b) the name or address of that person cannot be ascertained after reasonable inquiry,

the document may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.

80 Documents in electronic form

(1) A requirement of this Part--

(a) to send a copy of a remedial notice to a person, or

(b) to notify a person under section 68(4) of the reasons for the issue of a remedial notice,

is not capable of being satisfied by transmitting the copy or notification electronically or by making it available on a web-site.

(2) The delivery of any other document to a person (the "recipient") may be effected for the purposes of section 79(2)(a)--

(a) by transmitting it electronically, or

(b) by making it available on a web-site,

but only if it is transmitted or made available in accordance with subsection (3) or (5).

(3) A document is transmitted electronically in accordance with this subsection if--

(a) the recipient has agreed that documents may be delivered to him by being transmitted to an electronic address and in an electronic form specified by him for that purpose; and

(b) the document is a document to which that agreement applies and is transmitted to that address in that form.

(4) A document which is transmitted in accordance with subsection (3) by means of an electronic communications network shall, unless the contrary is proved, be treated as having been delivered at 9 a.m. on the working day immediately following the day on which it is transmitted.

(5) A document is made available on a web-site in accordance with this subsection if--

(a) the recipient has agreed that documents may be delivered to him by being made available on a web-site;

(b) the document is a document to which that agreement applies and is made available on a web-site;

(i) the presence of the document on the web-site;

(ii) the address of the web-site; and

(iii) the place on the web-site where the document may be accessed.

(6) A document made available on a web-site in accordance with subsection (5) shall, unless the contrary is proved, be treated as having been delivered at 9a.m. on the working day immediately following the day on which the recipient is notified in accordance with subsection (5)(c).

(7) In this section--

"electronic address" includes any number or address used for the purposes of receiving electronic communications;
"electronic communication" means an electronic communication within the meaning of the Electronic Communications Act 2000 (c. 7) the processing of which on receipt is intended to produce writing;
"electronic communications network" means an electronic communications network within the meaning of the Communications Act 2003 (c. 21);
"electronically" means in the form of an electronic communication;
"working day" means a day which is not a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80).

81 Power to make further provision about documents in electronic form

(1) Regulations may amend section 80 by modifying the circumstances in which, and the conditions subject to which, the delivery of a document for the purposes of section 79(2)(a) may be effected by--

(a) transmitting the document electronically; or

(b) making the document available on a web-site.

(2) Regulations may also amend section 80 by modifying the day on which and the time at which documents which are transmitted electronically or made available on a web-site in accordance with that section are to be treated as having been delivered.

(3) Regulations under this section may make such consequential amendments of this Part as the person making the regulations considers appropriate.

(4) The power to make such regulations shall be exercisable--

(a) in relation to documents relating to complaints about hedges situated in England, by the Secretary of State; and

(b) in relation to documents relating to complaints about hedges situated in Wales, by the National Assembly for Wales.

(5) In this section "electronically" has the meaning given in section 80.

82 Interpretation

In this Part--

"the appeal authority" has the meaning given by section 71(7);
"complaint" shall be construed in accordance with section 65;
"complainant" has the meaning given by section 65(5);
"the compliance period" has the meaning given by section 69(6);
"domestic property" has the meaning given by section 67;
"high hedge" has the meaning given by section 66;
"local authority", in relation to England, means--
(a)
a district council;
(b)
a county council for a county in which there are no districts;
(c)
a London borough council; or
(d)
the Common Council of the City of London;

and, in relation to Wales, means a county council or a county borough council;
"the neighbouring land" has the meaning given by section 65(5);
"occupier", in relation to any land, means a person entitled to possession of the land by virtue of an estate or interest in it;
"the operative date" shall be construed in accordance with sections 69(5) and 73(5) and (6);
"owner", in relation to any land, means a person (other than a mortgagee not in possession) who, whether in his own right or as trustee for any person--
(a)
is entitled to receive the rack rent of the land, or
(b)
where the land is not let at a rack rent, would be so entitled if it were so let;
"preventative action" has the meaning given by section 69(9);
"the relevant authority" has the meaning given by section 65(5);
"remedial notice" shall be construed in accordance with section 69(1);
"remedial action" has the meaning given by section 69(9).

83 Power to amend sections 65 and 66

(1) Regulations may do one or both of the following--

(a) amend section 65 for the purpose of extending the scope of complaints relating to high hedges to which this Part applies; and

(b) amend section 66 (definition of "high hedge").

(2) The power to make such regulations shall be exercisable--

(a) in relation to complaints about hedges situated in England, by the Secretary of State; and

(b) in relation to complaints about hedges situated in Wales, by the National Assembly for Wales.

(3) Regulations under this section may make such consequential amendments of this Part as the person making the regulations considers appropriate.

84 Crown application

(1) This Part and any provision made under it bind the Crown.

(2) This section does not impose criminal liability on the Crown.

(3) Subsection (2) does not affect the criminal liability of persons in the service of the Crown.

Part 9 Miscellaneous powers

85 Anti-social behaviour orders

(1) The Crime and Disorder Act 1998 (c. 37) is amended as follows.

(2) In section 1(1A) (authorities who may apply for anti-social behaviour orders)--

(a) after paragraph (a) there is inserted--

" (aa) in relation to England, a county council; " ;

(b) after paragraph (c) "or" is omitted;

(e) a housing action trust established by order in pursuance of section 62 of the Housing Act 1988. "

(3) In section 1(1B) (persons requiring protection from anti-social acts)--

(a) after paragraph (a) there is inserted--

" (aa) in relation to a relevant authority falling within paragraph (aa) of subsection (1A), persons within the county of the county council; " ;

(b) in paragraph (d) after "paragraph (d)" there is inserted "or (e)".

(4) In section 1 after subsection (10) (penalty for breach of anti-social behaviour order) there are inserted the following subsections--

" (10A) The following may bring proceedings for an offence under subsection (10)--

(a) a council which is a relevant authority;

(b) the council for the local government area in which a person in respect of whom an anti-social behaviour order has been made resides or appears to reside.

(10B) If proceedings for an offence under subsection (10) are brought in a youth court section 47(2) of the Children and Young Persons Act 1933 (c. 12) has effect as if the persons entitled to be present at a sitting for the purposes of those proceedings include one person authorised to be present by a relevant authority. "

(5) In section 1B (anti-social behaviour orders in county court proceedings) after subsection (3) there are inserted the following subsections--

" (3A) Subsection (3B) applies if a relevant authority is a party to the principal proceedings and considers--

(a) that a person who is not a party to the proceedings has acted in an anti-social manner, and

(b) that the person's anti-social acts are material in relation to the principal proceedings.

(3B) The relevant authority may--

(a) make an application for the person mentioned in subsection (3A)(a) to be joined to the principal proceedings to enable an order under subsection (4) to be made in relation to that person;

(b) if that person is so joined, apply for an order under subsection (4).

(3C) But a person must not be joined to proceedings in pursuance of subsection (3B) unless his anti-social acts are material in relation to the principal proceedings. "

(6) In section 1B(5) for "party to the principal proceedings" there is substituted "person".

(7) In section 1E (consultation requirements) after subsection (4) there is inserted--

" (5) Subsection (4)(a) does not apply if the relevant authority is a county council for a county in which there are no districts. "

(8) In section 9 (which makes supplemental provision about parenting orders) after subsection (1A) there is inserted the following subsection--

" (1B) If an anti-social behaviour order is made in respect of a person under the age of 16 the court which makes the order--

(a) must make a parenting order if it is satisfied that the relevant condition is fulfilled;

(b) if it is not so satisfied, must state in open court that it is not and why it is not. "

(9) An order under section 93 below made in relation to subsection (5) above may make provision for that subsection to come into force--

(a) for such period as is specified in the order;

(b) on different days in respect of persons of different ages.

(10) Subsection (9) does not affect section 94(2) below.

(11) The making of an order as mentioned in subsection (9)(a) does not prevent the making of a further order under section 93 below--

(a) whether for the same or a different purpose, or

(b) in relation to the same area.

86 Certain orders made on conviction of offences

(1) In section 1C of the Crime and Disorder Act 1998 (c. 37) (orders on conviction of an offence to prevent anti-social acts) in subsection (3) for the words from "whether or not" to the end there is substituted " --

(a) if the prosecutor asks it to do so, or

(b) if the court thinks it is appropriate to do so. "

(2) After subsection (3) of that section there are inserted the following subsections--

" (3A) For the purpose of deciding whether to make an order under this section the court may consider evidence led by the prosecution and the defence.

(3B) It is immaterial whether evidence led in pursuance of subsection (3A) would have been admissible in the proceedings in which the offender was convicted. "

(3) After subsection (9) of that section there are inserted the following subsections--

" (9A) The council for the local government area in which a person in respect of whom an anti-social behaviour order has been made resides or appears to reside may bring proceedings under section 1(10) (as applied by subsection (9) above) for breach of an order under subsection (2) above.

(9B) Subsection (9C) applies in relation to proceedings in which an order under subsection (2) is made against a child or young person who is convicted of an offence.

(9C) In so far as the proceedings relate to the making of the order--

(a) section 49 of the Children and Young Persons Act 1933 (c. 12) (restrictions on reports of proceedings in which children and young persons are concerned) does not apply in respect of the child or young person against whom the order is made;

(b) section 39 of that Act (power to prohibit publication of certain matter) does so apply. "

(4) In subsection (10) of that section before the entry relating to "the commencement date" there is inserted--

" "child" and "young person" have the same meaning as in the Children and Young Persons Act 1933 (c. 12); " .

(5) In section 14A of the Football Spectators Act 1989 (c. 37) after subsection (3) there are inserted the following subsections--

" (3A) For the purpose of deciding whether to make an order under this section the court may consider evidence led by the prosecution and the defence.

(3B) It is immaterial whether evidence led in pursuance of subsection (3A) would have been admissible in the proceedings in which the offender was convicted. "

(6) In section 3(2) of the Prosecution of Offences Act 1985 (c. 23) (functions of the Director of Public Prosecutions) after paragraph (f) the word "and" is omitted and there is inserted the following paragraph--

" (fa) to have the conduct of applications for orders under section 1C of the Crime and Disorder Act 1998 (orders made on conviction of certain offences) and section 14A of the Football Spectators Act 1989 (banning orders made on conviction of certain offences); " .

87 Penalty notices for disorderly behaviour by young persons

(1) The Criminal Justice and Police Act 2001 (c. 16) is amended as follows.

(2) In section 2(1) (penalty notices for disorderly behaviour by persons aged 18 or over) for "18" substitute "16".

(3) After section 2(5) insert--

" (6) The Secretary of State may by order--

(a) amend subsection (1) by substituting for the age for the time being specified in that subsection a different age which is not lower than 10, and

(b) if that different age is lower than 16, make provision as follows--

(i) where a person whose age is lower than 16 is given a penalty notice, for a parent or guardian of that person to be notified of the giving of the notice, and

(ii) for that parent or guardian to be liable to pay the penalty under the notice.

(7) The provision which may be made by virtue of subsection (6)(b) includes provision amending, or applying (with or without modifications), this Chapter or any other enactment (whenever passed or made).

(8) The power conferred by subsection (6) is exercisable by statutory instrument.

(9) No order shall be made under subsection (6) unless a draft of the order has been laid before and approved by a resolution of each House of Parliament. "

(4) After section 3(1) (amount of penalty) insert--

" (1A) The Secretary of State may specify different amounts for persons of different ages. "

88 Curfew orders and supervision orders

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8

-- Back --

Stat