Police and Justice Act 2006 (c. 48)

(The document as of February, 2008)

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(2) If such an application is made, the court may make a parenting order in respect of a parent of the child or young person if it is satisfied--

(a) that the child or young person has engaged in anti-social behaviour, and

(b) that making the order would be desirable in the interests of preventing the child or young person from engaging in further anti-social behaviour.

(3) A parenting order is an order which requires the parent--

(a) to comply, for a period not exceeding twelve months, with such requirements as are specified in the order, and

(b) subject to subsection (4), to attend, for a concurrent period not exceeding three months, such counselling or guidance programme as may be specified in directions given by the responsible officer.

(4) A parenting order under this section may, but need not, include a requirement mentioned in subsection (3)(b) in any case where a parenting order under this section or any other enactment has been made in respect of the parent on a previous occasion.

(5) A counselling or guidance programme which a parent is required to attend by virtue of subsection (3)(b) may be or include a residential course but only if the court is satisfied that the following two conditions are fulfilled.

(6) The first condition is that the attendance of the parent at a residential course is likely to be more effective than his attendance at a non-residential course in preventing the child or young person from engaging in further anti-social behaviour.

(7) The second condition is that any interference with family life which is likely to result from the attendance of the parent at a residential course is proportionate in all the circumstances.

(8) A registered social landlord must not make an application under this section without first consulting the local authority in whose area the child or young person in question resides or appears to reside.

(9) A person is eligible to be the responsible officer in relation to a parenting order under this section only if he is--

(a) an officer of the registered social landlord which applied for the order, or

(b) a person nominated by that registered social landlord.

A person may not be nominated under paragraph (b) without his consent.

(10) In deciding whom to nominate under subsection (9)(b) a registered social landlord must take into account the views of--

(a) the local authority mentioned in subsection (8), and

(b) such other persons or bodies as the registered social landlord thinks appropriate.

26C Applications under section 26A or 26B in county court proceedings

(1) Where a local authority or registered social landlord (a "relevant authority")--

(a) is a party to proceedings in a county court, and

(b) considers that a party to those proceedings is a person in relation to whom it would be reasonable for it to make an application for a parenting order under section 26A or 26B (a "parenting order application"),

it may make such an application to that court in relation to that person.

(2) Where--

(a) a relevant authority considers that a party to proceedings in a county court is a person in relation to whom it would be reasonable for it to make a parenting order application, but

(b) the relevant authority is not a party to those proceedings,

it may apply to be joined to those proceedings to enable it to make a parenting order application.

(3) Where--

(a) there are proceedings in a county court to which a relevant authority is a party, and

(b) the relevant authority considers that a child or young person has engaged in anti-social behaviour that is material in relation to the proceedings,

the relevant authority may apply for a person who is a parent of the child or young person to be joined to the proceedings to enable it to make a parenting order application in relation to him.

(4) A person must not be joined to proceedings in pursuance of subsection (3) unless the anti-social behaviour in question is material in relation to those proceedings. "

25 Contracting out of local authority functions with regard to parenting contracts and parenting orders

In Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities), after section 28 there is inserted--

" 28A Contracting out of local authority functions

(1) An order made by--

(a) the Secretary of State as regards local authorities in England, or

(b) the National Assembly for Wales as regards local authorities in Wales,

may provide that a local authority may make arrangements with a person who is specified in the order, or is of a description so specified, for the exercise of any function it has under or by virtue of section 25A or 26A.

(2) The order may provide--

(a) that the power of the local authority to make the arrangements is subject to such conditions as are specified in the order;

(b) that the arrangements must be subject to such conditions as are so specified;

(3) The order may provide that the arrangements may authorise the exercise of the function--

(a) either wholly or to such extent as may be specified in the order or arrangements;

(b) either generally or in such cases or areas as may be so specified.

(4) An order under this section may provide that the person with whom arrangements are made in pursuance of the order is to be treated as if he were a public body for the purposes of section 1 of the Local Authorities (Goods and Services) Act 1970.

(5) The Secretary of State or (as the case may be) the National Assembly for Wales must not make an order under this section without first consulting--

(a) such representatives of local government as appear to be appropriate;

(b) such other persons as appear to be appropriate.

(6) Any arrangements made by a local authority in pursuance of an order under this section do not prevent the local authority from exercising the function to which the arrangements relate.

(7) The following provisions of the Deregulation and Contracting Out Act 1994 apply for the purposes of arrangements made in pursuance of an order under this section as they apply for the purposes of an authorisation to exercise functions by virtue of an order under section 70(2) of that Act--

(a) section 72 (effect of contracting out);

(b) section 73 (termination of contracting out);

(d) paragraph 3 of Schedule 16 (authorised persons to be treated as officers of local authority).

(8) For the purposes of subsection (7), any reference in the provisions specified in paragraphs (a) to (d) to a person authorised to exercise a function is to be construed as a reference to a person with whom an arrangement is made for the exercise of the function in pursuance of an order under this section.

(9) Local authorities in England and any person with whom they make arrangements in pursuance of an order under this section must have regard to any guidance issued by the Secretary of State for the purposes of this section.

(10) Local authorities in Wales and any person with whom they make arrangements in pursuance of an order under this section must have regard to any guidance issued by the National Assembly for Wales for the purposes of this section. "

Injunctions

26 Anti-social behaviour injunctions

For section 153A of the Housing Act 1996 (c. 52) there is substituted--

" 153A Anti-social behaviour injunction

(1) In this section--

"anti-social behaviour injunction" means an injunction that prohibits the person in respect of whom it is granted from engaging in housing-related anti-social conduct of a kind specified in the injunction;
"anti-social conduct" means conduct capable of causing nuisance or annoyance to some person (who need not be a particular identified person);
"conduct" means conduct anywhere;
"housing-related" means directly or indirectly relating to or affecting the housing management functions of a relevant landlord.

(2) The court on the application of a relevant landlord may grant an anti-social behaviour injunction if the condition in subsection (3) is satisfied.

(3) The condition is that the person against whom the injunction is sought is engaging, has engaged or threatens to engage in housing-related conduct capable of causing a nuisance or annoyance to--

(a) a person with a right (of whatever description) to reside in or occupy housing accommodation owned or managed by a relevant landlord,

(b) a person with a right (of whatever description) to reside in or occupy other housing accommodation in the neighbourhood of housing accommodation mentioned in paragraph (a),

(c) a person engaged in lawful activity in, or in the neighbourhood of, housing accommodation mentioned in paragraph (a), or

(d) a person employed (whether or not by a relevant landlord) in connection with the exercise of a relevant landlord's housing management functions.

(4) Without prejudice to the generality of the court's power under subsection (2), a kind of conduct may be described in an anti-social behaviour injunction by reference to a person or persons and, if it is, may (in particular) be described by reference--

(a) to persons generally,

(b) to persons of a description specified in the injunction, or

27 Injunctions in local authority proceedings: power of arrest and remand

(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) 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) Where a power of arrest is attached to any provision of an injunction under subsection (2), a constable may arrest without warrant a person whom he has reasonable cause for suspecting to be in breach of that provision.

(5) After making an arrest under subsection (4) the constable must as soon as is reasonably practicable inform the local authority.

(6) Where a person is arrested under subsection (4)--

(a) he shall be brought before the court within the period of 24 hours beginning at the time of his arrest, and

(b) if the matter is not then disposed of forthwith, the court may remand him.

(7) For the purposes of subsection (6), when calculating the period of 24 hours referred to in paragraph (a) of that subsection, no account shall be taken of Christmas Day, Good Friday or any Sunday.

(8) Schedule 10 applies in relation to the power to remand under subsection (6).

(9) If the court has reason to consider that a medical report will be required, the power to remand a person under subsection (6) may be exercised for the purpose of enabling a medical examination and report to be made.

(10) If such a power is so exercised the adjournment shall not be in force--

(a) for more than three weeks at a time in a case where the court remands the accused person in custody, or

(b) for more than four weeks at a time in any other case.

(11) If there is reason to suspect that a person who has been arrested under subsection (4) is suffering from mental illness or severe mental impairment the court shall have the same power to make an order under section 35 of the Mental Health Act 1983 (c. 20) (remand for report on accused's mental condition) as the Crown Court has under that section in the case of an accused person within the meaning of that section.

(12) For the purposes of this section--

(a) "harm" includes serious ill-treatment or abuse (whether physical or not);

(b) "local authority" has the same meaning as in section 222 of the Local Government Act 1972 (c. 70);

(i) in relation to the High Court, a judge of that court, and

(ii) in relation to a county court, a judge or district judge of that court.

Part 4 Inspectorates

28 Her Majesty's Chief Inspector of Prisons

(1) In section 5A of the Prison Act 1952 (c. 52) (appointment and functions of Her Majesty's Chief Inspector of Prisons), after subsection (6) there is inserted--

" (7) Schedule A1 to this Act (which makes further provision about the Chief Inspector) has effect. "

(2) At the beginning of the Schedules to that Act there is inserted--

Section 5A

" SCHEDULE A1 Further provision about Her Majesty's Chief Inspector of Prisons

Delegation of functions

1 (1) The Chief Inspector may delegate any of his functions (to such extent as he may determine) to another public authority.

(2) If the carrying out of an inspection is delegated under sub-paragraph (1) above it is nevertheless to be regarded for the purposes of section 5A of this Act and this Schedule as carried out by the Chief Inspector.

(3) In this Schedule "public authority" includes any person certain of whose functions are functions of a public nature.

Inspection programmes and inspection frameworks

2 (1) The Chief Inspector shall from time to time, or at such times as the Secretary of State may specify by order, prepare--

(a) a document setting out what inspections he proposes to carry out (an "inspection programme");

(b) a document setting out the manner in which he proposes to carry out his functions of inspecting and reporting (an "inspection framework").

(2) Before preparing an inspection programme or an inspection framework the Chief Inspector shall consult the Secretary of State and (subject to sub-paragraph (3) below)--

(a) Her Majesty's Chief Inspector of Constabulary,

(b) Her Majesty's Chief Inspector of the Crown Prosecution Service,

(d) Her Majesty's Chief Inspector of Court Administration,

(e) Her Majesty's Chief Inspector of Education, Children's Services and Skills,

(f) the Commission for Healthcare Audit and Inspection,

(g) the Commission for Social Care Inspection,

(h) the Audit Commission for Local Government and the National Health Service in England and Wales,

(i) the Auditor General for Wales, and

(j) any other person or body specified by an order made by the Secretary of State,

and he shall send to each of those persons or bodies a copy of each programme or framework once it is prepared.

(3) The requirement in sub-paragraph (2) above to consult, and to send copies to, a person or body listed in paragraphs (a) to (j) of that sub-paragraph is subject to any agreement made between the Chief Inspector and that person or body to waive the requirement in such cases or circumstances as may be specified in the agreement.

(4) The Secretary of State may by order specify the form that inspection programmes or inspection frameworks are to take.

(5) Nothing in any inspection programme or inspection framework is to be read as preventing the Chief Inspector from making visits without notice.

Inspections by other inspectors of organisations within Chief Inspector's remit

3 (1) If--

(a) a person or body within sub-paragraph (2) below is proposing to carry out an inspection that would involve inspecting a specified organisation, and

(b) the Chief Inspector considers that the proposed inspection would impose an unreasonable burden on that organisation, or would do so if carried out in a particular manner,

the Chief Inspector shall, subject to sub-paragraph (7) below, give a notice to that person or body not to carry out the proposed inspection, or not to carry it out in that manner.

(2) The persons or bodies within this sub-paragraph are--

(a) Her Majesty's Inspectorate of the National Probation Service for England and Wales;

(b) Her Majesty's Chief Inspector of Education, Children's Services and Skills;

(d) the Commission for Social Care Inspection;

(e) the Audit Commission for Local Government and the National Health Service in England and Wales.

(3) The Secretary of State may by order amend sub-paragraph (2) above.

(4) In sub-paragraph (1)(a) above "specified organisation" means a person or body specified by an order made by the Secretary of State.

(5) A person or body may be specified under sub-paragraph (4) above only if it exercises functions in relation to any prison or other institution or matter falling with the scope of the Chief Inspector's duties under section 5A of this Act.

(6) A person or body may be specified under sub-paragraph (4) above in relation to particular functions that it has.

In the case of a person or body so specified, sub-paragraph (1)(a) above is to be read as referring to an inspection that would involve inspecting the discharge of any of its functions in relation to which it is specified.

(7) The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph.

(8) Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice.

This is subject to sub-paragraph (9) below.

(9) The Secretary of State, if satisfied that the proposed inspection--

(a) would not impose an unreasonable burden on the organisation in question, or

(b) would not do so if carried out in a particular manner,

may give consent to the inspection being carried out, or being carried out in that manner.

(10) The Secretary of State may by order make provision supplementing that made by this paragraph, including in particular--

(a) provision about the form of notices;

(b) provision prescribing the period within which notices are to be given;

(d) provision for revising or withdrawing notices;

(e) provision for setting aside notices not validly given.

Co-operation

4 The Chief Inspector shall co-operate with--

(a) Her Majesty's Inspectors of Constabulary,

(b) Her Majesty's Chief Inspector of the Crown Prosecution Service,

(d) Her Majesty's Inspectorate of Court Administration,

(e) Her Majesty's Chief Inspector of Education, Children's Services and Skills,

(f) the Commission for Healthcare Audit and Inspection,

(g) the Commission for Social Care Inspection,

(h) the Audit Commission for Local Government and the National Health Service in England and Wales,

(i) the Auditor General for Wales, and

(j) any other public authority specified by an order made by the Secretary of State,

where it is appropriate to do so for the efficient and effective discharge of his functions.

Joint action

5 (1) The Chief Inspector may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of his functions.

(2) The Chief Inspector, acting jointly with the chief inspectors within sub-paragraph (3) below, shall prepare a document (a "joint inspection programme") setting out--

(a) what inspections he proposes to carry out in the exercise of the power conferred by sub-paragraph (1) above, and

(b) what inspections the chief inspectors within sub-paragraph (3) below (or their inspectorates) propose to carry out in the exercise of any corresponding powers conferred on them.

(3) The chief inspectors within this sub-paragraph are--

(a) Her Majesty's Chief Inspector of Constabulary;

(b) Her Majesty's Chief Inspector of the Crown Prosecution Service;

(d) Her Majesty's Chief Inspector of Court Administration.

(4) A joint inspection programme shall be prepared from time to time or at such times as the Secretary of State, the Lord Chancellor and the Attorney General may jointly direct.

(5) Sub-paragraphs (2), (3) and (5) of paragraph 2 above apply to a joint inspection programme as they apply to a document prepared under that paragraph.

(6) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction specify the form that a joint inspection programme is to take.

Assistance for other public authorities

6 (1) The Chief Inspector may if he thinks it appropriate to do so provide assistance to any other public authority for the purpose of the exercise by that authority of its functions.

(2) Assistance under this paragraph may be provided on such terms (including terms as to payment) as the Chief Inspector thinks fit. "

29 Her Majesty's Inspectors of Constabulary

(1) In section 54 of the Police Act 1996 (c. 16) (appointment and functions of Her Majesty's Inspectors of Constabulary), after subsection (5) there is inserted--

" (6) Schedule 4A (which makes further provision about the inspectors of constabulary) has effect. "

(2) After Schedule 4 to that Act there is inserted--

Section 54

" SCHEDULE 4A Further provision about Her Majesty's Inspectors of Constabulary

Delegation of functions

1 (1) An inspector of constabulary may delegate any of his functions (to such extent as he may determine) to another public authority.

(2) If an inspector of constabulary delegates the carrying out of an inspection under sub-paragraph (1) it is nevertheless to be regarded for the purposes of section 54 and this Schedule as carried out by the inspector.

(3) In this Schedule "public authority" includes any person certain of whose functions are functions of a public nature.

Inspection programmes and inspection frameworks

2 (1) The chief inspector of constabulary shall from time to time, or at such times as the Secretary of State may specify by order, prepare--

(a) a document setting out what inspections he proposes to carry out (an "inspection programme");

(b) a document setting out the manner in which he proposes to carry out his functions of inspecting and reporting (an "inspection framework").

(2) Before preparing an inspection programme or an inspection framework the chief inspector of constabulary shall consult the Secretary of State and (subject to sub-paragraph (3))--

(a) Her Majesty's Chief Inspector of Prisons,

(b) Her Majesty's Chief Inspector of the Crown Prosecution Service,

(d) Her Majesty's Chief Inspector of Court Administration,

(e) Her Majesty's Chief Inspector of Education, Children's Services and Skills,

(f) the Commission for Healthcare Audit and Inspection,

(g) the Commission for Social Care Inspection,

(h) the Audit Commission for Local Government and the National Health Service in England and Wales,

(i) the Auditor General for Wales, and

(j) any other person or body specified by an order made by the Secretary of State,

and he shall send to each of those persons or bodies a copy of each programme or framework once it is prepared.

(3) The requirement in sub-paragraph (2) to consult, and to send copies to, a person or body listed in paragraphs (a) to (j) of that sub-paragraph is subject to any agreement made between the chief inspector and that person or body to waive the requirement in such cases or circumstances as may be specified in the agreement.

(4) The Secretary of State may by order specify the form that inspection programmes or inspection frameworks are to take.

(5) Nothing in any inspection programme or inspection framework is to be read as preventing the inspectors of constabulary from making visits without notice.

Inspections by other inspectors of organisations within remit of inspectors of constabulary

3 (1) If--

(a) a person or body within sub-paragraph (2) is proposing to carry out an inspection that would involve inspecting a specified organisation, and

(b) the chief inspector of constabulary considers that the proposed inspection would impose an unreasonable burden on that organisation, or would do so if carried out in a particular manner,

the chief inspector of constabulary shall, subject to sub-paragraph (7), give a notice to that person or body not to carry out the proposed inspection, or not to carry it out in that manner.

(2) The persons or bodies within this sub-paragraph are--

(a) Her Majesty's Chief Inspector of Prisons;

(b) Her Majesty's Chief Inspector of the Crown Prosecution Service;

(d) the Commission for Healthcare Audit and Inspection;

(e) the Audit Commission for Local Government and the National Health Service in England and Wales.

(3) The Secretary of State may by order amend sub-paragraph (2).

(4) In sub-paragraph (1)(a) "specified organisation" means a person or body specified by an order made by the Secretary of State.

(5) A person or body may be specified under sub-paragraph (4) only if it exercises functions in relation to any matter falling with the scope of the duties of the inspectors of constabulary under section 54 of this Act or any other enactment.

(6) A person or body may be specified under sub-paragraph (4) in relation to particular functions that it has.

In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge of any of its functions in relation to which it is specified.

(7) The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph.

(8) Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice.

This is subject to sub-paragraph (9).

(9) The Secretary of State, if satisfied that the proposed inspection--

(a) would not impose an unreasonable burden on the organisation in question, or

(b) would not do so if carried out in a particular manner,

may give consent to the inspection being carried out, or being carried out in that manner.

(10) The Secretary of State may by order make provision supplementing that made by this paragraph, including in particular--

(a) provision about the form of notices;

(b) provision prescribing the period within which notices are to be given;

(d) provision for revising or withdrawing notices;

(e) provision for setting aside notices not validly given.

Co-operation

4 The inspectors of constabulary shall co-operate with--

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