Anti-social Behaviour, Crime and Policing Bill (HC Bill 7)

(b) persons whom the Secretary of State considers to represent
the views of chief officers of police and of the Chief
Constable of the Police Service of Northern Ireland;

(c) persons whom the Secretary of State considers to represent
5the interests of members of police forces;

(d) persons whom the Secretary of State considers to represent
the interests of members of the Police Service of Northern
Ireland;

(e) persons whom the Secretary of State considers to represent
10the views of the persons and bodies who between them
maintain the police forces in England and Wales;

(f) the Northern Ireland Policing Board.

(3) The Secretary of State shall consult with the Department of Justice
in Northern Ireland before exercising a power of dismissal under
15paragraph 8, 9 or 10.

Publication

14 The Secretary of State shall arrange for the publication of—

(a) a statement of any determination made under paragraph 2
(and of any revised determination);

(b) 20any statement of principles issued under paragraph 4 (and
any revised statement);

(c) any direction given under paragraph 11(2) or 12 (and any
revised direction).

Money

15 25The Secretary of State or the Department of Justice in Northern
Ireland—

(a) may defray expenses incurred by the review body;

(b) may pay remuneration and allowances to members;

(c) may make payments to or in respect of a member by way of or in
30connection with—

(i) a pension;

(ii) an allowance or gratuity on retirement or death;

(d) may pay compensation to a person who ceases to be a member if
it seems to the Secretary of State or the Department to be right to
35do so by reason of special circumstances.”

Section 124

SCHEDULE 6 Port and border controls

Examining officers

1 (1) Schedule 7 to the Terrorism Act 2000 is amended as follows.

(2) 40In paragraph 1(1)(b), after “officer” there is inserted “who is designated for
the purpose of this Schedule by the Secretary of State”.

(3) After paragraph 1 there is inserted—

“Examining officers etc

1A (1) The Secretary of State must under paragraph 6 of Schedule 14
issue a code of practice about—

(a) 5training to be undertaken by constables, immigration
officers and customs officers who are to act as examining
officers or exercise other functions under this Schedule,
and

(b) the procedure for making designations under paragraph
101(1)(b) and (c).

(2) In particular, the code must make provision for consultation with
the relevant chief officer of police before designations are made
under paragraph 1(1)(b) or (c).

(3) “Relevant chief officer of police” means—

(a) 15in England and Wales, the chief officer of police for the
police area in which the persons designated would act as
examining officers,

(b) in Scotland, the Chief Constable of the Police Service for
Scotland, and

(c) 20in Northern Ireland, the Chief Constable of the Police
Service for Northern Ireland.”

Time limits on examination without detention and on detention

2 (1) Schedule 7 to the Terrorism Act 2000 is amended as follows.

(2) Paragraph 6(4) is repealed.

(3) 25After paragraph 6 there is inserted—

“6A (1) This paragraph applies where a person is questioned under
paragraph 2 or 3.

(2) After the end of the 1 hour period, the person may not be
questioned under either of those paragraphs unless the person is
30detained under paragraph 6.

(3) If the person is detained under paragraph 6 the person must be
released not later than the end of the 6 hour period (unless
detained under another power).

(4) In this paragraph—

• 35“the 1 hour period” is the period of 1 hour beginning with the
  time the person is first questioned under paragraph 2 or 3;

• “the 6 hour period” is the period of 6 hours beginning with
  that time.”

Powers to search persons

3 40In paragraph 8 of Schedule 7 to the Terrorism Act 2000, after sub-paragraph

(3) there is inserted—

“(4) An intimate search of a person may not be carried out under this
paragraph.

(5) A strip search of a person may not be carried out under this
5paragraph unless—

(a) the person is detained under paragraph 6,

(b) the examining officer has reasonable grounds to suspect
that the person is concealing something which may be
evidence that the person falls within section 40(1)(b), and

(c) 10the search is authorised by a senior officer who has not
been directly involved in questioning the person.

(6) “Senior officer” means—

(a) where the examining officer is a constable, a constable of a
higher rank than the examining officer,

(b) 15where the examining officer is an immigration officer, an
immigration officer of a higher grade than the examining
officer, and

(c) where the examining officer is a customs officer, a customs
officer of a higher grade than the examining officer.

(7) 20In this paragraph—

• “intimate search” means a search which consists of a physical
  examination of a person’s body orifices other than the
  mouth;

• “strip search” means a search which is not an intimate search
  25but involves the removal of an article of clothing which—

  (a)

  is being worn wholly or partly on the trunk, and

  (b)

  is being so worn either next to the skin or next to an
  article of underwear.”

Right of person detained under Schedule 7 to have someone informed and to consult a solicitor

4 (1) 30Schedule 8 to the Terrorism Act 2000 is amended as follows.

(2) In paragraph 6, for “police station”, in each place, there is substituted
“place”.

(3) In paragraph 7(1) the words “at a police station” are omitted.

(4) In paragraph 8 (1), for “an officer” there is substituted “a police officer”.

(5) 35In paragraph 9(2)(a) and (b)—

(a) the words “at a police station” are omitted;

(b) for “an officer” there is substituted “a police officer”.

(6) In paragraph 16—

(a) in sub-paragraphs (1) and (3), in each place, for “police station” there
40is substituted “place”;

(b) in sub-paragraph (6), after “detained” there is inserted “as mentioned
in sub-paragraph (1)”.

(7) In paragraph 17(1)—

(a) for “An officer” there is substituted “A police officer”;

(b) after “uniformed” there is inserted “police”.

(8) In paragraph 18—

(a) in sub-paragraph (2), for “police station” there is substituted “place”;

(b) after sub-paragraph (2) there is inserted—

“(3) 5In relation to a person detained under Schedule 7 at a place
other than a police station—

(a) sub-paragraph (2), and

(b) section 15(4) of the Criminal Procedure (Scotland)
Act 1995 as applied by that sub-paragraph,

10apply as if references to a constable included an examining
officer.”

Biometrics

5 (1) Paragraph 10 of Schedule 8 to the Terrorism Act 2000 is amended as follows.

(2) In sub-paragraph (5), for “the detained person only” there is substituted “a
15person detained under section 41, but only”.

(3) In sub-paragraph (6)(b), after “in any case” there is inserted “in which an
authorisation under that sub-paragraph may be given”.

Review of detention under Schedule 7

6 (1) The Terrorism Act 2000 is amended as follows.

(2) 20In paragraph 6(3) of Schedule 7 (provisions of Schedule 8 applying to
detention under Schedule 7)—

(a) for “Part I” there is substituted “Parts 1 and 1A”;

(b) after “treatment” there is inserted “and review of detention”.

(3) In Schedule 8, after Part 1 there is inserted—

(1) 25The Secretary of State must under paragraph 6 of Schedule 14
issue a code of practice about the periodic review by a review
officer of a person’s detention under Schedule 7.

(2) A person’s detention under Schedule 7 must be periodically
reviewed by a review officer at such intervals as may be specified
30in, and otherwise in accordance with, the code of practice.

(3) The review officer may authorise a person’s continued detention
under Schedule 7 only if satisfied that it is necessary for the
purposes of exercising a power under paragraph 2 or 3 of that
Schedule.

(4) 35If on a review under this paragraph the review officer does not
authorise a person’s continued detention, the person must be
released (unless detained under another power).

(5) In this paragraph “review officer” means a senior officer who has
not been directly involved in questioning the detained person
under paragraph 2 or 3 of Schedule 7.

(6) “Senior officer” means—

(a) 5where the examining officer is a constable, a constable of a
higher rank than the examining officer,

(b) where the examining officer is an immigration officer, an
immigration officer of a higher grade than the examining
officer, and

(c) 10where the examining officer is a customs officer, a customs
officer of a higher grade than the examining officer.

(7) The code of practice must include provision about training to be
undertaken by persons who are to act as review officers.”

Section 137

SCHEDULE 7 15Minor and consequential amendments

Part 1 Amendments relating to Parts 1 to 6

Magistrates’ Courts Act 1980 (c. 43)Magistrates’ Courts Act 1980 (c. 43)

1 In section 143(2) of the Magistrates’ Courts Act 1980 (provisions in which
20sums may be altered) paragraph (da) is omitted.

Housing Act 1980 (c. 51)Housing Act 1980 (c. 51)

2 In Schedule 9 to the Housing Act 1980 (provisions relating to housing
association and housing trust tenancies under Rent Act 1977), in paragraph
5, after “83” there is inserted “or 83ZA”.

25Highways Act 1980 (c. 66)Highways Act 1980 (c. 66)

3 Sections 129A to 129G of the Highways Act 1980 (restriction of rights over
highway are repealed.

Police and Criminal Evidence Act 1984 (c. 60)Police and Criminal Evidence Act 1984 (c. 60)

4 In section 64A of the Police and Criminal Evidence Act 1984 (photographing
30of suspects etc), for paragraph (ca) of subsection (1B) there is substituted—

“(ca) given a direction by a constable under section 33 of the Anti-
social Behaviour, Crime and Policing Act 2013.”

Prosecution of Offences Act 1985 (c. 23)Prosecution of Offences Act 1985 (c. 23)

5 (1) In section 3 of the Prosecution of Offences Act 1985 (functions of DPP),
35subsection (2) is amended as follows.

(2) In paragraph (fa), for the words from “section 1C” to “proceedings)” there is
substituted “section 21 of the Anti-social Behaviour, Crime and Policing Act
2013 (criminal behaviour orders made on conviction)”.

(3) In paragraph (fb)—

(a) 5for “section 1CA(3) of the Crime and Disorder Act 1998” there is
substituted “section 26 of the Anti-social Behaviour, Crime and
Policing Act 2013”;

(b) for “section 1C” there is substituted “section 21”.

(4) In paragraph (fc)—

(a) 10for “section 1CA” there is substituted “section 26”;

(b) for “section 1C” there is substituted “section 21”.

(5) Paragraphs (fd) and (fe) are omitted.

Housing Act 1985 (c. 68)Housing Act 1985 (c. 68)

6 (1) Section 82A of the Housing Act 1985 (demotion because of anti-social
15behaviour) is amended as follows.

(2) In subsection (4)(a), for sub-paragraphs (i) and (ii) there is substituted—

“(i) conduct that is capable of causing nuisance or
annoyance to some person (who need not be a
particular identified person) and that directly or
20indirectly relates to or affects the landlord’s housing
management functions, or

(ii) conduct that consists of or involves using housing
accommodation owned or managed by the landlord
for an unlawful purpose, and”.

(3) 25For subsection (7A) there is substituted—

“(7A) In subsection (4)(a)(ii) “housing accommodation” includes—

(a) flats, lodging-houses and hostels;

(b) any yard, garden, outhouses and appurtenances belonging to
the accommodation or usually enjoyed with it;

(c) 30any common areas used in connection with the
accommodation.”

7 (1) Section 83 of that Act (proceedings for possession or termination: notice
requirements) is amended as follows.

(2) In the heading, after “termination:” there is inserted “general”.

(3) 35Before subsection (1) there is inserted—

“(A1) This section applies in relation to proceedings for an order
mentioned in section 82(1A) other than—

(a) proceedings for possession of a dwelling-house under
section 84A (absolute ground for possession for anti-social
40behaviour), including proceedings where possession is also
sought on one or more of the grounds set out in Schedule 2, or

(b) proceedings for possession of a dwelling-house under
section 107D (recovery of possession on expiry of flexible
tenancy).”

(4) In subsection (1), for the words from “proceedings for” to “tenancy),” there
is substituted “proceedings to which this section applies”.

8 (1) Section 83A of that Act (additional requirements in relation to certain
proceedings for possession) is amended as follows.

(2) 5In subsection (2)(a), after “83” there is inserted “or 83ZA”.

(3) In subsection (2)(b), for “subsection (4)(a) of that section” there is substituted
“section 83(4)(a) or section 83ZA(9)(a)”.

(4) In subsection (3)(a), after “83” there is inserted “or 83ZA”.

(5) In subsection (4)(a), after “83” there is inserted “or 83ZA”.

(6) 10In subsection (5)—

(a) for “the notice” there is substituted “a notice”;

(b) after “83” there is inserted “or a notice is served under section 83ZA”.

9 (1) Section 84 of that Act (grounds and orders for possession) is amended as
follows.

(2) 15In subsection (1), after “in accordance with” there is inserted “section 84A
(absolute ground for possession for anti-social behaviour) or”.

(3) In subsection (2)(a), for “that Schedule” there is substituted “Schedule 2”.

(4) In subsection (3)—

(a) after “83” there is inserted “or 83ZA”;

(b) 20for “such an order on any of those grounds above” there is
substituted “an order on any of the grounds mentioned in subsection
(2)”.

10 In the heading of section 85A of that Act (proceedings for possession: anti-
social behaviour) after “possession” there is inserted “on non-absolute
25grounds”.

11 (1) Section 121A of that Act (order suspending right to buy because of anti-
social behaviour) is amended as follows.

(2) In subsection (3)(a), for sub-paragraphs (i) and (ii) there is substituted—

“(i) conduct that is capable of causing nuisance or
30annoyance to some person (who need not be a
particular identified person) and that directly or
indirectly relates to or affects the landlord’s housing
management functions, or

(ii) conduct that consists of or involves using housing
35accommodation owned or managed by the landlord
for an unlawful purpose, and”.

(3) In subsection (7)(a), for sub-paragraphs (i) and (ii) there is substituted—

“(i) conduct that is capable of causing nuisance or
annoyance to some person (who need not be a
40particular identified person) and that directly or
indirectly relates to or affects the landlord’s housing
management functions, or

(ii) conduct that consists of or involves using housing
accommodation owned or managed by the landlord
for an unlawful purpose, and”.

(4) For subsection (10) there is substituted—

“(10) 5In this section “housing accommodation” includes—

(a) flats, lodging-houses and hostels;

(b) any yard, garden, outhouses and appurtenances belonging to
the accommodation or usually enjoyed with it;

(c) any common areas used in connection with the
10accommodation.”

12 (1) In Schedule 1 to that Act (tenancies which are not secure tenancies),
paragraph 4ZA (family intervention tenancies) is amended as follows.

(2) In sub-paragraph (3)(a)—

(a) in the opening words, for “possession order under section 84” there
15is substituted “relevant possession order”;

(b) in sub-paragraph (i) the words “, on ground 2 or 2A of Part 1 of
Schedule 2” are omitted.

(3) In sub-paragraph (12), after the definition of “the new tenant” there is
inserted—

• 20““relevant possession order” means—

  (a)

  a possession order under section 84 that is made on
  ground 2, 2ZA or 2A of Part 1 of Schedule 2, or

  (b)

  a possession order under section 84A;”.

13 In Part 5 of Schedule 2 to that Act (approval of redevelopment schemes for
25purposes of Ground 10A), in paragraph 5(3), after “83” there is inserted “or
83ZA”.

14 In Schedule 3 to that Act (grounds for withholding consent to assignment by
way of exchange), in Ground 2, after “83” there is inserted “or 83ZA”.

15 (1) In that Schedule, Ground 2A is amended as follows.

(2) 30In paragraph (a), for “or suspended Ground 2 or 14 possession order” there
is substituted “, a suspended anti-social behaviour possession order or a
suspended riot-related possession order”.

(3) In paragraph (b), for “or a Ground 2 or 14 possession order” there is
substituted “, an anti-social behaviour possession order or a riot-related
35possession order”.

(4) In the definition of “relevant order”—

(a) the word “or” before the final entry is omitted;

(b) in the final entry, after “section 91 of the Anti-social Behaviour Act
2003” there is inserted “or section 27 of the Police and Justice Act
402006”;

(c) at the end there is inserted—

• “an injunction under section 1 of the Anti-social
  Behaviour, Crime and Policing Act 2013;

• an order under section 21 of that Act.”

(5) After the definition of “relevant order” there is inserted—

• “An “anti-social behaviour possession order” means an order
  for possession under Ground 2 in Schedule 2 to this Act or
  Ground 14 in Schedule 2 to the Housing Act 1988.”

(6) 5After the definition of “demotion order” there is inserted—

• “A “riot-related possession order” means an order for
  possession under Ground 2ZA in Schedule 2 to this Act or
  Ground 14ZA in Schedule 2 to the Housing Act 1988.”

(7) The definition of a “Ground 2 or 14 possession order” is omitted.

16 10After Ground 2A in that Schedule there is inserted—

“Ground 2B

The dwelling-house is subject to a closure notice or closure order
under Chapter 3 of Part 4 of the Anti-social Behaviour, Crime and
Policing Act 2013.”

Housing Act 1988 (c. 50)Housing Act 1988 (c. 50)

17 (1) 15Section 6A of the Housing Act 1988 (demotion because of anti-social
behaviour) is amended as follows.

(2) In subsection (4), for paragraph (a) there is substituted—

“(a) that the tenant or a person residing in or visiting the
dwelling-house has engaged or has threatened to engage
20in—

(i) conduct that is capable of causing nuisance or
annoyance to some person (who need not be a
particular identified person) and that directly or
indirectly relates to or affects the landlord’s housing
25management functions, or

(ii) conduct that consists of or involves using housing
accommodation owned or managed by the landlord
for an unlawful purpose, and”.

(3) After subsection (10) there is inserted—

“(10A) 30In subsection (4)(a)(ii) “housing accommodation” includes—

(a) flats, lodging-houses and hostels;

(b) any yard, garden, outhouses and appurtenances belonging to
the accommodation or usually enjoyed with it;

(c) any common areas used in connection with the
35accommodation.”

18 (1) Section 7 of that Act (orders for possession) is amended as follows.

(2) In subsection (3), after “below” there is inserted “(and to any available
defence based on the tenant’s Convention rights, within the meaning of the
Human Rights Act 1998)”.

(3) 40In subsection (5A)(a), for “and 5” there is substituted “, 5 and 7A”.

(4) In subsection (6)(a), after “Ground 2” there is inserted “, Ground 7A”.

19 In the heading of section 9A of that Act (proceedings for possession: anti-
social behaviour) after “possession” there is inserted “on non-absolute
grounds”.

20 In Schedule 1 to that Act (tenancies which cannot be assured tenancies), in
5paragraph 12ZA (family intervention tenancies), in sub-paragraph (3)(a)(i),
for “ground 14” there is substituted “ground 7A of Part 1 of Schedule 2 or
ground 14, 14ZA”.

Environmental Protection Act 1990 (c. 43)Environmental Protection Act 1990 (c. 43)

21 In the Environmental Protection Act 1990, sections 92 to 94A (litter
10abatement notices, litter clearing notices and street litter control notices) are
repealed.

Housing Act 1996 (c. 52)Housing Act 1996 (c. 52)

22 In the Housing Act 1996, sections 153A to 158 and Schedule 15 (injunctions
against housing-related anti-social behaviour) are repealed.

23 15In section 218A of that Act (anti-social behaviour: landlords’ policies and
procedures), for subsections (8) and (8A) there is substituted—

“(8) Anti-social behaviour is—

(a) conduct that is capable of causing nuisance or annoyance to
some person (who need not be a particular identified person)
20and that directly or indirectly relates to or affects the
landlord’s housing management functions, or

(b) conduct that consists of or involves using or threatening to
use housing accommodation owned or managed by the
landlord for an unlawful purpose.”

25Crime and Disorder Act 1998 (c. 37)Crime and Disorder Act 1998 (c. 37)

24 The following provisions of the Crime and Disorder Act 1998 are repealed—

(a) sections 1 to 1K (anti-social behaviour orders etc);

(b) section 4 (appeals against orders);

(c) section 8A (parenting orders on breach of anti-social behaviour
30order).

25 (1) Section 8 of that Act (parenting orders) is amended as follows.

(2) In subsection (1)(b), for “an anti-social behaviour order or” there is
substituted “an injunction is granted under section 1 of the Anti-social
Behaviour, Crime and Policing Act 2013, an order is made under section 21
35of that Act or a”.

(3) In subsection (1)(c) the words “, except in a case where section 8A below
applies (parenting order on breach of anti-social behaviour order)” are
omitted.

(4) In subsection (6)(a), for the words after “behaviour which led to” there is
40substituted “the order being made or the injunction granted”.

26 (1) Section 9 of that Act (parenting orders: supplemental) is amended as
follows.