Anti-social Behaviour Act 2003 (c. 38)

(The document as of February, 2008)

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88 Curfew orders and supervision orders

Schedule 2 (which relates to curfew orders and supervision orders under the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)) shall have effect.

89 Extension of powers of community support officers etc.

(1) The Police Reform Act 2002 (c. 30) is amended as follows.

(2) In section 105 (powers of Secretary of State to make orders and regulations) in subsection (3)(b) after "99(6)" insert "or paragraph 15A(2) of Schedule 4 or paragraph 9A(2) of Schedule 5".

(3) In Part 1 of Schedule 4 (powers exercisable by community support officers) after paragraph 11 insert--

" Power to stop cycles

11A (1) Subject to sub-paragraph (2), where a designation applies this paragraph to any person, that person shall, within the relevant police area, have the power of a constable in uniform under section 163(2) of the Road Traffic Act 1988 to stop a cycle.

(2) The power mentioned in sub-paragraph (1) may only be exercised by that person in relation to a person who he has reason to believe has committed an offence under section 72 of the Highway Act 1835 (riding on a footway) by cycling. "

(4) In Part 1 of that Schedule, after paragraph 15 insert--

" Power to modify paragraph 1(2)(a)

15A (1) The Secretary of State may by order provide that paragraph 1(2)(a) is to have effect as if the reference to the powers there mentioned did not include those powers so far as they relate to an offence under any provision for the time being mentioned in the first column of the Table in section 1(1) of the Criminal Justice and Police Act 2001 which is specified in the order.

(2) The Secretary of State shall not make an order containing (with or without any other provision) any provision authorised by this paragraph unless a draft of that order has been laid before Parliament and approved by a resolution of each House. "

(5) In paragraph 1(2) of Schedule 5 (powers of accredited persons to issue fixed penalty notices) after paragraph (a) insert--

" (aa) the powers of a constable in uniform to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (fixed penalty notices in respect of offences of disorder) except in respect of an offence under section 12 of the Licensing Act 1872 or section 91 of the Criminal Justice Act 1967; " .

(6) After paragraph 8 of that Schedule insert--

" Power to stop cycles

8A (1) Subject to sub-paragraph (2), a person whose accreditation specifies that this paragraph applies to him shall, within the relevant police area, have the power of a constable in uniform under section 163(2) of the Road Traffic Act 1988 to stop a cycle.

(7) After paragraph 9 of that Schedule insert--

" Power to modify paragraph 1(2)(aa)

9A (1) The Secretary of State may by order provide that paragraph 1(2)(aa) is to have effect as if the reference to the powers there mentioned did not include those powers so far as they relate to an offence under any provision for the time being mentioned in the first column of the Table in section 1(1) of the Criminal Justice and Police Act 2001 which is specified in the order.

90 Report by local authority in certain cases where person remanded on bail

After section 23A of the Children and Young Persons Act 1969 (c. 54) there is inserted--

" 23B Report by local authority in certain cases where person remanded on bail

(1) Subsection (2) below applies where a court remands a person aged 10 or 11 on bail and either--

(a) the person is charged with or has been convicted of a serious offence, or

(b) in the opinion of the court the person is a persistent offender.

(2) The court may order a local authority to make an oral or written report specifying where the person is likely to be placed or maintained if he is further remanded to local authority accommodation.

(3) An order under subsection (2) above must designate the local authority which is to make the report; and that authority must be the local authority which the court would have designated under section 23(2) of this Act if the person had been remanded to local authority accommodation.

(4) An order under subsection (2) above must specify the period within which the local authority must comply with the order.

(5) The maximum period that may be so specified is seven working days.

(6) If the Secretary of State by order so provides, subsection (2) above also applies where--

(a) a court remands on bail any person who has attained the age of 12 and is under the age of 17,

(b) the requirement in section 23AA(3) of this Act is fulfilled, and

(c) in a case where he is remanded after conviction, the court is satisfied that the behaviour which constituted the offence was due, to a significant extent, to the circumstances in which the offender was living.

(7) In this section--

"serious offence" means an offence punishable in the case of an adult with imprisonment for a term of two years or more.
"working day" means any day other than--
(a)
a Saturday or a Sunday,
(b)
Christmas day or Good Friday, or
(c)
a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971. " .

91 Proceedings under section 222 of the Local Government Act 1972: power of arrest attached to injunction

(1) This section applies to proceedings in which a local authority is a party by virtue of section 222 of the Local Government Act 1972 (c. 70) (power of local authority to bring, defend or appear in proceedings for the promotion or protection of the interests of inhabitants of their area).

(2) If the court grants an injunction which prohibits conduct which is capable of causing nuisance or annoyance to a person it may, if subsection (3) below applies, attach a power of arrest to any provision of the injunction.

(3) This subsection applies if the local authority applies to the court to attach the power of arrest and the court thinks that either--

(a) the conduct mentioned in subsection (2) consists of or includes the use or threatened use of violence, or

(b) there is a significant risk of harm to the person mentioned in that subsection.

(4) Harm includes serious ill-treatment or abuse (whether physical or not).

(5) Local authority has the same meaning as in section 222 of the Local Government Act 1972.

Part 10 General

92 Repeals

Schedule 3 contains repeals.

93 Commencement

(1) Except as provided in subsections (2) and (3), the preceding provisions of this Act (other than subsections (9) to (11) of section 85) come into force in accordance with provision made by the Secretary of State by order.

(2) Part 2 and sections 19 to 22, 24, 40 to 45, 47 to 52, 55, 56 and 91--

(a) so far as relating to England, come into force in accordance with provision made by the Secretary of State by order;

(b) so far as relating to Wales, come into force in accordance with provision made by the National Assembly for Wales by order.

(3) Part 8 comes into force--

(a) in relation to complaints about hedges situated in England, in accordance with provision made by the Secretary of State by order;

(b) in relation to complaints about hedges situated in Wales, in accordance with provision made by the National Assembly for Wales by order.

94 Orders and regulations

(1) References in this section to subordinate legislation are to--

(a) an order of the Secretary of State or the National Assembly for Wales under this Act;

(b) regulations under this Act.

(2) Subordinate legislation--

(a) may make different provision for different purposes, different cases and different areas;

(b) may include incidental, supplemental, consequential, saving or transitional provisions (including provisions applying, with or without modification, provision contained in an enactment).

(3) A power to make subordinate legislation is exercisable by statutory instrument.

(4) A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if it contains subordinate legislation made by the Secretary of State other than--

(a) regulations under section 81 or 83; or

(b) an order under section 93.

(5) No regulations shall be made by the Secretary of State under section 81 or 83 (whether alone or with other provisions) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

95 Money

There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

96 Extent

(1) Parts 1 to 4 and 6 to 9 extend to England and Wales only.

(2) Part 5 and this Part do not extend to Northern Ireland.

97 Short title

This Act may be cited as the Anti-social Behaviour Act 2003.

SCHEDULES

Section 14

SCHEDULE 1 Demoted tenancies

1 In the Housing Act 1996 (c. 52) after section 143 the following sections are inserted as Chapter 1A of Part 5--

" Chapter 1A demoted tenancies

General provisions

143A Demoted tenancies

(1) This section applies to a periodic tenancy of a dwelling-house if each of the following conditions is satisfied.

(2) The first condition is that the landlord is either a local housing authority or a housing action trust.

(3) The second condition is that the tenant condition in section 81 of the Housing Act 1985 is satisfied.

(4) The third condition is that the tenancy is created by virtue of a demotion order under section 82A of that Act.

(5) In this Chapter--

(a) a tenancy to which this section applies is referred to as a demoted tenancy;

(b) references to demoted tenants must be construed accordingly.

143B Duration of demoted tenancy

(1) A demoted tenancy becomes a secure tenancy at the end of the period of one year (the demotion period) starting with the day the demotion order takes effect; but this is subject to subsections (2) to (5).

(2) A tenancy ceases to be a demoted tenancy if any of the following paragraphs applies--

(a) either of the first or second conditions in section 143A ceases to be satisfied;

(b) the demotion order is quashed;

(3) If at any time before the end of the demotion period the landlord serves a notice of proceedings for possession of the dwelling-house subsection (4) applies.

(4) The tenancy continues as a demoted tenancy until the end of the demotion period or (if later) until any of the following occurs--

(a) the notice of proceedings is withdrawn by the landlord;

(b) the proceedings are determined in favour of the tenant;

(c) the period of 6 months beginning with the date on which the notice is served ends and no proceedings for possession have been brought.

(5) A tenancy does not come to an end merely because it ceases to be a demoted tenancy.

143C Change of landlord

(1) A tenancy continues to be a demoted tenancy for the duration of the demotion period if--

(a) at the time the demoted tenancy is created the interest of the landlord belongs to a local housing authority or a housing action trust, and

(b) during the demotion period the interest of the landlord transfers to another person who is a local housing authority or a housing action trust.

(2) Subsections (3) and (4) apply if--

(a) at the time the demoted tenancy is created the interest of the landlord belongs to a local housing authority or a housing action trust, and

(b) during the demotion period the interest of the landlord transfers to a person who is not such a body.

(3) If the new landlord is a registered social landlord or a person who does not satisfy the landlord condition the tenancy becomes an assured shorthold tenancy.

(4) If the new landlord is not a registered social landlord and does satisfy the landlord condition the tenancy becomes a secure tenancy.

(5) The landlord condition must be construed in accordance with section 80 of the Housing Act 1985.

Proceedings for possession

143D Proceedings for possession

(1) The landlord may only bring a demoted tenancy to an end by obtaining an order of the court for possession of the dwelling-house.

(2) The court must make an order for possession unless it thinks that the procedure under sections 143E and 143F has not been followed.

(3) If the court makes such an order the tenancy comes to an end on the date on which the tenant is to give up possession in pursuance of the order.

143E Notice of proceedings for possession

(1) Proceedings for possession of a dwelling-house let under a demoted tenancy must not be brought unless the landlord has served on the tenant a notice of proceedings under this section.

(2) The notice must--

(a) state that the court will be asked to make an order for the possession of the dwelling-house;

(b) set out the reasons for the landlord's decision to apply for the order;

(d) inform the tenant of his right to request a review of the landlord's decision and of the time within which the request must be made.

(3) The date specified under subsection (2)(c) must not be earlier than the date on which the tenancy could (apart from this Chapter) be brought to an end by notice to quit given by the landlord on the same date as the notice of proceedings.

(4) The court must not entertain proceedings begun on or before the date specified under subsection (2)(c).

(5) The notice must also inform the tenant that if he needs help or advice--

(a) about the notice, or

(b) about what to do about the notice,

he must take the notice immediately to a Citizen's Advice Bureau, a housing aid centre, a law centre or a solicitor.

143F Review of decision to seek possession

(1) Before the end of the period of 14 days beginning with the date of service of a notice for possession of a dwelling-house let under a demoted tenancy the tenant may request the landlord to review its decision to seek an order for possession.

(2) If a request is made in accordance with subsection (1) the landlord must review the decision.

(3) The Secretary of State may by regulations make provision as to the procedure to be followed in connection with a review under this section.

(4) The regulations may include provision--

(a) requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision;

(b) as to the circumstances in which the tenant is entitled to an oral hearing, and whether and by whom he may be represented at the hearing.

(5) The landlord must notify the tenant--

(a) of the decision on the review;

(b) of the reasons for the decision.

(6) The review must be carried out and notice given under subsection (5) before the date specified in the notice of proceedings as the date after which proceedings for possession of the dwelling-house may be begun.

143G Effect of proceedings for possession

(1) This section applies if the landlord has begun proceedings for the possession of a dwelling-house let under a demoted tenancy and--

(a) the demotion period ends, or

(b) any of paragraphs (a) to (c) of section 143B(2) applies (circumstances in which a tenancy ceases to be a demoted tenancy).

(2) If any of paragraphs (a) to (c) of section 143B(2) applies the tenancy ceases to be a demoted tenancy but the landlord (or the new landlord as the case may be) may continue the proceedings.

(3) Subsection (4) applies if in accordance with subsection (2) a tenancy ceases to be a demoted tenancy and becomes a secure tenancy.

(4) The tenant is not entitled to exercise the right to buy unless--

(a) the proceedings are finally determined, and

(b) he is not required to give up possession of the dwelling-house.

(5) The proceedings must be treated as finally determined if--

(a) they are withdrawn;

(b) any appeal is abandoned;

Succession

143H Succession to demoted tenancy

(1) This section applies if the tenant under a demoted tenancy dies.

(2) If the tenant was a successor, the tenancy--

(a) ceases to be a demoted tenancy, but

(b) does not become a secure tenancy.

(3) In any other case a person is qualified to succeed the tenant if--

(a) he occupies the dwelling-house as his only or principal home at the time of the tenant's death,

(b) he is a member of the tenant's family, and

(4) If only one person is qualified to succeed under subsection (3) the tenancy vests in him by virtue of this section.

(5) If there is more than one such person the tenancy vests by virtue of this section in the person preferred in accordance with the following rules--

(a) the tenant's spouse or (if the tenant has no spouse) the person mentioned in section 143P(1)(b) is to be preferred to another member of the tenant's family;

(b) if there are two or more other members of the tenant's family the person preferred may be agreed between them or (if there is no such agreement) selected by the landlord.

143I No successor tenant: termination

(1) This section applies if the demoted tenant dies and no person is qualified to succeed to the tenancy as mentioned in section 143H(3).

(2) The tenancy ceases to be a demoted tenancy if either subsection (3) or (4) applies.

(3) This subsection applies if the tenancy is vested or otherwise disposed of in the course of the administration of the tenant's estate unless the vesting or other disposal is in pursuance of an order under--

(a) section 23A or 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings);

(b) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, etc);

(4) This subsection applies if it is known that when the tenancy is vested or otherwise disposed of in the course of the administration of the tenant's estate it will not be in pursuance of an order mentioned in subsection (3).

(5) A tenancy which ceases to be a demoted tenancy by virtue of this section cannot subsequently become a secure tenancy.

143J Successor tenants

(1) This section applies for the purpose of sections 143H and 143I.

(2) A person is a successor to a secure tenancy which is terminated by a demotion order if any of subsections (3) to (6) applies to him.

(3) The tenancy vested in him--

(a) by virtue of section 89 of the Housing Act 1985 or section 133 of this Act;

(b) under the will or intestacy of the preceding tenant.

(4) The tenancy arose by virtue of section 86 of the Housing Act 1985 and the original fixed term was granted--

(a) to another person, or

(b) to him jointly with another person.

(5) He became the tenant on the tenancy being assigned to him unless--

(a) the tenancy was assigned in proceedings under section 23A or 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings) or section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, etc), and

(b) neither he nor the other party to the marriage was a successor.

(6) He became the tenant on assignment under section 92 of the Housing Act 1985 if he himself was a successor to the tenancy which he assigned in exchange.

(7) A person is the successor to a demoted tenancy if the tenancy vested in him by virtue of section 143H(4) or (5).

(8) A person is the successor to a joint tenancy if he has become the sole tenant.

Assignment

143K Restriction on assignment

(1) A demoted tenancy is not capable of being assigned except as mentioned in subsection (2).

(2) The exceptions are assignment in pursuance of an order made under--

(a) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings);

(b) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, etc.);

Repairs

143L Right to carry out repairs

The Secretary of State may by regulations under section 96 of the Housing Act 1985 (secure tenants: right to carry out repairs) apply to demoted tenants any provision made under that section in relation to secure tenants.

Provision of information

143M Provision of information

(1) This section applies to a local housing authority or a housing action trust if it is the landlord of a demoted tenancy.

(2) The landlord must from time to time publish information about the demoted tenancy in such form as it thinks best suited to explain in simple terms and so far as it considers appropriate the effect of--

(a) the express terms of the demoted tenancy;

(b) the provisions of this Chapter;

(3) The landlord must ensure that information published under subsection (2) is, so far as is reasonably practicable, kept up to date.

(4) The landlord must supply the tenant with--

(a) a copy of the information published under subsection (2);

(b) a written statement of the terms of the tenancy, so far as they are neither expressed in the lease or written tenancy agreement (if any) nor implied by law.

(5) The statement required by subsection (4)(b) must be supplied on the grant of the tenancy or as soon as practicable afterwards.

Supplementary

143N Jurisdiction of county court

(1) A county court has jurisdiction--

(a) to determine questions arising under this Chapter;

(b) to entertain proceedings brought under this Chapter;

(2) The jurisdiction includes jurisdiction to entertain proceedings as to whether a statement supplied in pursuance of section 143M(4)(b) (written statement of certain terms of tenancy) is accurate.

(3) For the purposes of subsection (2) it is immaterial that no relief other than a declaration is sought.

(4) If a person takes proceedings in the High Court which, by virtue of this section, he could have taken in the county court he is not entitled to recover any costs.

(5) The Lord Chancellor may make such rules and give such directions as he thinks fit for the purposes of giving effect to this section.

(6) The rules and directions may provide--

(a) for the exercise by a district judge of a county court of any jurisdiction exercisable under this section;

(b) for the conduct of proceedings in private.

(7) The power to make rules must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

143O Meaning of dwelling house

(1) For the purposes of this Chapter a dwelling-house may be a house or a part of a house.

(2) Land let together with a dwelling-house must be treated for the purposes of this Chapter as part of the dwelling-house unless the land is agricultural land which would not be treated as part of a dwelling-house for the purposes of Part 4 of the Housing Act 1985.

143P Members of a person's family

(1) For the purposes of this Chapter a person is a member of another's family if--

(a) he is the spouse of that person;

(b) he and that person live together as a couple in an enduring family relationship, but he does not fall within paragraph (c);

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