Anti-social Behaviour, Crime and Policing Bill (HC Bill 93)

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

(3) The review officer may authorise a person’s continued detention
5under 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) If on a review under this paragraph the review officer does not
authorise a person’s continued detention, the person must be
10released (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) 15where 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) 20where 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 148

SCHEDULE 8 25Minor 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
30sums 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”.

35Highways 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highway) are repealed.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
of suspects etc), for paragraph (ca) of subsection (1B) there is substituted—

“(ca) given a direction by a constable under section 33 of the Anti-
5social 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),
subsection (2) is amended as follows.

(2) In paragraph (fa), for the words from “section 1C” to “proceedings)” there is
10substituted “section 21 of the Anti-social Behaviour, Crime and Policing Act
2013 (criminal behaviour orders made on conviction)”.

(3) In paragraph (fb)—

(a) for “section 1CA(3) of the Crime and Disorder Act 1998” there is
substituted “section 26 of the Anti-social Behaviour, Crime and
15Policing Act 2013”;

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

(4) In paragraph (fc)—

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

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

(5) 20Paragraphs (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
behaviour) is amended as follows.

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

“(i) 25conduct 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
management functions, or

(ii) 30conduct that consists of or involves using housing
accommodation owned or managed by the landlord
for an unlawful purpose, and”.

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

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

(a) 35flats, 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
accommodation.”

7 (1) 40Section 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) Before 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
5section 84A (absolute ground for possession for anti-social
behaviour), 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
10tenancy).”

(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) 15In 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) 20In 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) 25In 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) 30for “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
35grounds”.

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
40annoyance 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
accommodation 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) 5conduct 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
management functions, or

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

(a) 15flats, 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
accommodation.”

12 (1) 20In 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
is substituted “relevant possession order”;

(b) 25in 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—

• ““relevant possession order” means—

  (a)

  30a 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
purposes of Ground 10A), in paragraph 5(3), after “83” there is inserted “or
3583ZA”.

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) In paragraph (a), for “or suspended Ground 2 or 14 possession order” there
40is 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
possession order”.

(4) 45In 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
2006”;

(c) 5at 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—

• 10“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) After the definition of “demotion order” there is inserted—

• “A “riot-related possession order” means an order for
  15possession 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 After Ground 2A in that Schedule there is inserted—

“Ground 2B

The dwelling-house is subject to a closure notice or closure order
20under 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) Section 6A of the Housing Act 1988 (demotion because of anti-social
behaviour) is amended as follows.

(2) 25In 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
in—

(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) After subsection (10) there is inserted—

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

(a) flats, lodging-houses and hostels;

(b) 40any yard, garden, outhouses and appurtenances belonging to
the accommodation or usually enjoyed with it;

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

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) 5In 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 10In Schedule 1 to that Act (tenancies which cannot be assured tenancies), in
paragraph 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 15In the Environmental Protection Act 1990, sections 92 to 94A (litter
abatement 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
20against housing-related anti-social behaviour) are repealed.

23 In 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
25some 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

(b) conduct that consists of or involves using or threatening to
use housing accommodation owned or managed by the
30landlord for an unlawful purpose.”

Crime 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) 35section 8A (parenting orders on breach of anti-social behaviour
order).

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
40Behaviour, Crime and Policing Act 2013, an order is made under section 21
of 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
5substituted “the order being made or the injunction granted”.

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

(2) In subsection (1) the words “, other than an offence under section 1(10) above
in respect of an anti-social behaviour order,” are omitted.

(3) 10In subsection (1B)—

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

(b) 15after “which” there is inserted “grants the injunction or”.

(4) In subsection (2)—

(a) paragraph (d) and the word “or” before it are omitted;

(b) in the text after paragraph (d) the words “(including any report
prepared under section 1(1C))” are omitted.

(5) 20Subsection (2AA) is repealed.

27 (1) Section 18 of that Act (interpretation etc) is amended as follows.

(2) In subsection (1)—

(a) the definitions of “anti-social behaviour order” and “individual
support order” are omitted;

(b) 25paragraph (za) of the definition of “responsible officer” is omitted.

(3) In subsection (4)—

(a) the words “an individual support order or” are omitted;

(b) for “the child, defendant or parent, as the case may be” there is
substituted “the child or, as the case may be, the parent”.

28 30In section 38 of that Act (local provision of youth justice services), in
subsection (4)(f) the words “individual support orders,” are omitted.

29 In section 114 of that Act (orders and regulations), in subsection (2) “(1A),
(1G)” is omitted.

Criminal Justice and Police Act 2001 (c. 16)Criminal Justice and Police Act 2001 (c. 16)

30 35Sections 12 to 16 of the Criminal Justice and Police Act 2001 (alcohol
consumption in designated public places) are repealed.

Police Reform Act 2002 (c. 30)Police Reform Act 2002 (c. 30)

31 In section 50 of the Police Reform Act 2002 (power of constable to require
person acting in an anti-social manner to give name and address), for the
40words in subsection (1) from “a person has been” to “he may require” there
is substituted “engaging, or is engaging, in anti-social behaviour (within the

meaning of Part 1 of the Anti-social Behaviour, Crime and Policing Act 2013
(injunctions to prevent nuisance and annoyance)),”.

32 In Part 1 of Schedule 4 to that Act (powers exercisable by community
support officers), paragraph 1(2)(e) (powers to issue fixed penalty notices in
5respect of offences under dog control orders) and the word “and” before it
are omitted.

33 In Schedule 5 to that Act (powers exercisable by accredited persons), in
paragraph 1(2), paragraph (d) and the word “and” before it are omitted.

Licensing Act 2003 (c. 17)Licensing Act 2003 (c. 17)

34 10Sections 161 to 166 of the Licensing Act 2003 (closure orders of identified
premises) are repealed.

35 (1) Section 167 of that Act (review of premise licence following closure order) is
amended as follows.

(2) In subsection (1)(a), for “a closure order has come into force” there is
15substituted “a magistrates’ court has made a closure order under section 73
of the Anti-social Behaviour, Crime and Policing Act 2013, or the Crown
Court has made a closure order on appeal under section 77 of that Act,”.

(3) In subsection (1)(b), for the words after “the relevant licensing authority has”
there is substituted “accordingly received a notice under section 73(8) or
2077(7) of that Act”.

(4) In subsection (4)(a), for the words after “notice of” there is substituted “the
review and of the order mentioned in subsection (1)(a)”.

(5) In subsection (5)(a), for the words after “to consider” there is substituted “the
order mentioned in subsection (1)(a) and any relevant representations;”.

36 25In section 168 of that Act (provisions about decisions under section 167), in
subsections (3)(b) and (6)(b), for the words after “the premises to which the
licence relates” there is substituted “are closed at the time of the decision by
virtue of an closure order made under section 73 or 77 of the Anti-social
Behaviour, Crime and Policing Act 2013”.

37 30Section 169 of that Act (enforcement of closure order) is repealed.

38 (1) Section 170 of that Act (exemption of police from liability for damages) is
amended as follows.

(2) In subsection (1) the words “of his functions in relation to a closure order or
any extension of it or” are omitted.

(3) 35Paragraph (b) of subsection (2) is omitted.

39 (1) Section 171 of that Act (interpretation of Part 8) is amended as follows.

(2) In subsection (2), for “Relevant premises” there is substituted “Premises”.

(3) In subsection (3) the word “relevant” is omitted.

(4) In subsection (5)—

(a) 40in the definition of “appropriate person” the word “relevant” is
omitted;

(b) the definitions of “closure order”, “extension”, “relevant magistrates’
court”, “relevant premises”, “responsible senior police officer” and
“senior police officer” are omitted.

40 In Schedule 3 to that Act (matters to be entered in licensing register), for the
5words after “any notice given to it under” in paragraph (z) there is
substituted “section 73(8) or 77(7) of the Anti-social Behaviour, Crime and
Policing Act 2013 (notification by court of closure order)”.

Anti-social Behaviour Act 2003 (c. 38)Anti-social Behaviour Act 2003 (c. 38)

41 The following provisions of the Anti-social Behaviour Act 2003 are
10repealed—

(a) Part 1 (closure of premises where drugs used unlawfully);

(b) Part 1A (closure of premises associated with persistent disorder or
nuisance);

(c) Part 4 (dispersal of groups etc);

(d) 15sections 40 and 41 (closure of noisy premises);

(e) sections 48 to 52 (removal of graffiti and fly-posting) and the cross-
heading before section 48.

Clean Neighbourhoods and Environment Act 2005 (c. 16)Clean Neighbourhoods and Environment Act 2005 (c. 16)

42 Sections 55 to 64, 66 and 67 of the Clean Neighbourhoods and Environment
20Act 2005 are repealed.

Violent Crime Reduction Act 2006 (c. 38)Violent Crime Reduction Act 2006 (c. 38)

43 The following provisions of the Violent Crime Reduction Act 2006 (which
relate to drinking banning orders) are repealed—

(a) sections 1 to 7;

(b) 25section 8(1) to (6);

(c) sections 9 to 14.

44 Section 27 of that Act (directions to individuals who represent a risk of
disorder) is repealed.

Crime and Security Act 2010 (c. 17)Crime and Security Act 2010 (c. 17)

45 30Sections 40 and 41 of the Crime and Security Act 2010 (anti-social behaviour
orders: report on family circumstances and parenting orders on breach) are
repealed.

Localism Act 2011 (c. 20)2011 (c. 20)

46 (1) In Schedule 14 to the Localism Act 2011 (grounds on which landlord may
35refuse to surrender and grant tenancies under section 158 of that Act),
paragraph 6 (Ground 6) is amended as follows.

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

(4) In sub-paragraph (4), in the definition of “relevant order”—

(a) 5the word “or” before paragraph (e) is omitted;

(b) in paragraph (e), after “section 91 of the Anti-social Behaviour Act
2003” there is inserted “or section 27 of the Police and Justice Act
2006”;

(c) at the end there is inserted—

“(f) 10an injunction under section 1 of the Anti-social
Behaviour, Crime and Policing Act 2013, or

(g) an order under section 21 of that Act;”.

(5) After the definition of “relevant order” in that sub-paragraph there is
inserted—

• 15“An “anti-social behaviour possession order” means an order
  for possession under Ground 2 in Schedule 2 to the Housing
  Act 1985 or Ground 14 in Schedule 2 to the Housing Act
  1988.”

(6) After the definition of “demotion order” in that sub-paragraph there is
20inserted—

• “A “riot-related possession order” means an order for
  possession under Ground 2ZA in Schedule 2 to the Housing
  Act 1985 or Ground 14ZA in Schedule 2 to the Housing Act
  1988.”

(7) 25The definition of “Ground 2 or 14 possession order” in that sub-paragraph is
omitted.

47 After paragraph 6 of that Schedule there is inserted—

“Ground 6A

6A This ground is that a dwelling-house let on an existing tenancy is
30subject to a closure notice or closure order under Chapter 3 of Part
4 of the Anti-social Behaviour, Crime and Policing Act 2013.”

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)2012 (c. 10)

48 (1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act
2012 (legal aid for civil legal services) is amended as follows.

(2) 35In paragraph 36 of Part 1 (anti-social behaviour), in sub-paragraph (1), for
the words after “in relation to” there is substituted “an application for, or
proceedings in respect of, an injunction against the individual under section
1 of the Anti-social Behaviour, Crime and Policing Act 2013.”

(3) In paragraph 7 of Part 3 (certain advocacy services in a magistrates’ court
40excepted from the advocacy exclusion), for “and 15 to 18” there is
substituted “, 15 to 18 and 36”.