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

Anti-social Behaviour, Crime and Policing BillPage 60

(b) after subsection (3) there is inserted—

(3A) If a notice under this section specifies in accordance with
subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether
with or without other grounds), the date specified in the notice
5as mentioned in subsection (3)(b) is not to be earlier than—

(a) in the case of a periodic tenancy, the earliest date on
which, apart from section 5(1), the tenancy could be
brought to an end by a notice to quit given by the
landlord on the same date as the date of service of the
10notice under this section;

(b) in the case of a fixed term tenancy, one month after the
date on which the notice was served.;

(c) in subsection (4), for “(whether with or without other grounds)” there
is substituted “(whether without other grounds or with any ground
15other than Ground 7A)”;

(d) in subsection (4A), after “other than Ground” there is inserted “7A or”;

(e) after subsection (4B) there is inserted—

(4C) A notice under this section that specifies in accordance with
subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether
20with or without other grounds) must be served on the tenant
within the time period specified in subsection (4D), (4E) or (4F).

(4D) Where the landlord proposes to rely on condition 1, 3 or 5 in
Ground 7A, the notice must be served on the tenant within—

(a) the period of 12 months beginning with the day of the
25conviction, or

(b) if there is an appeal against the conviction, the period of
12 months beginning with the day on which the appeal
is finally determined or abandoned.

(4E) Where the landlord proposes to rely on condition 2 in Ground
307A, the notice must be served on the tenant within—

(a) the period of 12 months beginning with the day on
which the court has made the finding, or

(b) if there is an appeal against the finding, the period of 12
months beginning with the day on which the appeal is
35finally determined, abandoned or withdrawn.

(4F) Where the landlord proposes to rely on condition 4 in Ground
7A, the notice must be served on the tenant within—

(a) the period of 3 months beginning with the day on which
the closure order was made, or

(b) 40if there is an appeal against the making of the order, the
period of 3 months beginning with the day on which the
appeal is finally determined, abandoned or
withdrawn.;

(f) in subsection (5), after “Ground” there is inserted “7A or”.

Anti-social Behaviour, Crime and Policing BillPage 61

Discretionary grounds: secure and assured tenancies

90 Conduct causing nuisance to landlord etc

(1) In Part 1 of Schedule 2 to the Housing Act 1985 (grounds on which court may
order possession in relation to secure tenancies if it considers it reasonable), in
5Ground 2, at the end of paragraph (a) (but before the “or”) there is inserted—

(aa) has been guilty of conduct causing or likely to cause a
nuisance or annoyance to the landlord of the dwelling-house,
or a person employed (whether or not by the landlord) in
connection with the exercise of the landlord’s housing
10management functions, and that is directly or indirectly
related to or affects those functions,.

(2) In Part 2 of Schedule 2 to the Housing Act 1988 (grounds on which court may
order possession in relation to assured tenancies if it considers it reasonable),
in Ground 14, at the end of paragraph (a) (but before the “or”) there is
15inserted—

(aa) has been guilty of conduct causing or likely to cause a
nuisance or annoyance to the landlord of the dwelling-house,
or a person employed (whether or not by the landlord) in
connection with the exercise of the landlord’s housing
20management functions, and that is directly or indirectly
related to or affects those functions,.

91 Offences connected with riot

(1) In Part 1 of Schedule 2 to the Housing Act 1985 (grounds on which court may
order possession in relation to secure tenancies if it considers it reasonable),
25after Ground 2 there is inserted—

Ground 2ZA

The tenant or a person residing in the dwelling-house has been
convicted of an offence which took place during, and at the scene of,
a riot in the United Kingdom.

In this Ground, “riot” is to be construed in accordance with section 1
30of the Public Order Act 1986.

This Ground applies only in relation to dwelling-houses in
England.

(2) In Part 2 of Schedule 2 to the Housing Act 1988 (grounds on which court may
order possession in relation to assured tenancies if it considers it reasonable),
35after Ground 14 there is inserted—

Ground 14ZA

The tenant or a person residing in the dwelling-house has been
convicted of an offence which took place during, and at the scene of,
a riot in the United Kingdom.

In this Ground, “riot” is to be construed in accordance with section 1
40of the Public Order Act 1986.

Anti-social Behaviour, Crime and Policing BillPage 62

This Ground applies only in relation to dwelling-houses in
England.

Supplemental

92 Restrictions where new possession proceedings in progress etc

(1) 5In section 138 of the Housing Act 1985 (right to buy: suspension of duty of
landlord to convey freehold or grant lease)—

(a) in subsection (2A)(a), for “or Ground 2 possession order” there is
substituted “, Ground 2 or 2ZA possession order or section 84A
possession order”;

(b) 10in subsection (2B)(a), for “or an operative Ground 2 possession order”
there is substituted “, an operative Ground 2 or 2ZA possession order
or an operative section 84A possession order”;

(c) in subsection (2C), for the definition of “Ground 2 possession order”
there is substituted—

  • 15“Ground 2 or 2ZA possession order” means an order for
    possession under Ground 2 or Ground 2ZA in Schedule
    2;;

(d) for the definition of “operative Ground 2 possession order” there is
substituted—

  • 20““operative Ground 2 or 2ZA possession order” means an order
    made under Ground 2 or Ground 2ZA in Schedule 2 which
    requires possession of the dwelling-house to be given up on a
    date specified in the order;”;

(e) after that definition there is inserted—

  • 25“operative section 84A possession order” means an order
    under section 84A which requires possession of the
    dwelling-house to be given up on a date specified in the
    order;

  • “section 84A possession order” means an order for
    30possession under section 84A;.

(2) In Schedule 3 to that Act (grounds for withholding consent to assignment of
secure tenancy by way of exchange), after ground 2 there is inserted—

Ground 2ZA

Proceedings have been begun for possession of the dwelling-house,
of which the tenant or the proposed assignee is the secure tenant,
35under section 84A (absolute ground for possession for anti-social
behaviour), or there has been served on the tenant or the proposed
assignee a notice under section 83ZA (notice requirements in relation
to proceedings for possession on absolute ground for anti-social
behaviour) which is still in force.

(3) 40In Schedule 14 to the Localism Act 2011 (grounds on which landlord may
refuse to surrender and grant tenancies in pursuance of a request under section
158 of that Act)—

Anti-social Behaviour, Crime and Policing BillPage 63

(a) after Ground 4 there is inserted—

Ground 4A

4A (1) This ground is that either of the following conditions is met.

(2) The first condition is that—

(a) 5proceedings have begun for possession of a dwelling-
house let on an existing tenancy which is a secure
tenancy, and

(b) possession is sought under section 84A of the
Housing Act 1985 (absolute ground for possession for
10anti-social behaviour).

(3) The second condition is that—

(a) a notice has been served on a relevant tenant under
section 83ZA of that Act (notice requirements in
relation to proceedings for possession on absolute
15ground for anti-social behaviour), and

(b) the notice is still in force.;

(b) after Ground 5 there is inserted—

Ground 5A

5A (1) This ground is that either of the following conditions is met.

(2) 20The first condition is that—

(a) proceedings have begun for possession of a dwelling-
house let on an existing tenancy which is an assured
tenancy, and

(b) possession is sought on ground 7A in Part 1 of
25Schedule 2 to the Housing Act 1988 (absolute ground
for possession for anti-social behaviour).

(3) The second condition is that—

(a) a notice has been served on a relevant tenant under
section 8 of that Act (notice of proceedings for
30possession), and

(b) the notice specifies ground 7A and is still in force.

Part 6 Local involvement and accountability

Community remedies

93 35The community remedy document

(1) Each local policing body must prepare a community remedy document for its
area, and may revise it at any time.

(2) A community remedy document is a list of actions any of which might, in the
opinion of the local policing body, be appropriate in a particular case to be
40carried out by a person who—

Anti-social Behaviour, Crime and Policing BillPage 64

(a) has engaged in anti-social behaviour or has committed an offence, and

(b) is to be dealt with for that behaviour or offence without court
proceedings.

(3) In preparing or revising the community remedy document for its area a local
5policing body must—

(a) consult the chief officer of police for the area,

(b) consult whatever community representatives the local policing body
thinks it appropriate to consult, and

(c) undertake whatever other public consultation the local policing body
10thinks appropriate,

and must take account of all views expressed by those consulted.

(4) A local policing body must agree the community remedy document for its
area, and any revised document, with the chief officer of police for the area.

(5) Once the community remedy document, or a revised document, has been
15agreed with the chief officer of police, the local policing body must publish it
in whatever way it thinks appropriate.

(6) In this section—

  • “anti-social behaviour” means behaviour capable of causing nuisance or
    annoyance to any person;

  • 20“community representative”, in relation to a police area, means any
    individual or body appearing to the local policing body to represent the
    views of people who live in, work in or visit the area.

94 Anti-social behaviour etc: out-of-court disposals

(1) This section applies where—

(a) 25a person (P) within subsection (2) has evidence that an individual (A)
has engaged in anti-social behaviour or committed an offence,

(b) A admits to P that he or she has done so,

(c) P thinks that the evidence is enough for taking proceedings against A
for an injunction under section 1, or taking other court proceedings, but
30decides that it would be appropriate for A to carry out action of some
sort instead, and

(d) if the evidence is that A has committed an offence, P does not think that
it would be more appropriate for A to be given a caution or a fixed
penalty notice.

(2) 35The persons within this subsection are—

(a) a constable;

(b) an investigating officer;

(c) a person authorised by a relevant prosecutor for the purposes of section
22 of the Criminal Justice Act 2003 (conditional cautions) or section 66A
40of the Crime and Disorder Act 1998 (youth conditional cautions).

(3) Before deciding what action to invite A to carry out, P must make reasonable
efforts to obtain the views of the victim (if any) of the anti-social behaviour or
the offence, and in particular the victim’s views as to whether A should carry
out any of the actions listed in the community remedy document.

Anti-social Behaviour, Crime and Policing BillPage 65

(4) If the victim expresses the view that A should carry out a particular action
listed in the community remedy document, P must invite A to carry out that
action unless it seems to P that it would be inappropriate to do so.

(5) Where—

(a) 5there is more than one victim and they express different views, or

(b) for any other reason subsection (4) does not apply,

P must nevertheless take account of any views expressed by the victim (or
victims) in deciding what action to invite A to carry out.

(6) In this section—

  • 10“action” includes the making of a payment to the victim (but does not
    include the payment of a fixed penalty);

  • “anti-social behaviour” means behaviour capable of causing nuisance or
    annoyance to any person;

  • “community remedy document” means the community remedy
    15document (as revised from time to time) published under section 93 for
    the police area in which A’s anti-social behaviour or offence took place;

  • “caution”—

    (a)

    in the case of a person aged 18 or over, includes a conditional
    caution within the meaning of Part 3 of the Criminal Justice Act
    202003;

    (b)

    in the case of a person under that age, means a youth caution or
    youth conditional caution within the meaning of Chapter 1 of
    Part 4 of the Crime and Disorder Act 1998;

  • “investigating officer” and “relevant prosecutor” have the same meaning
    25as in Part 3 of the Criminal Justice Act 2003 (see section 27 of that Act);

  • “victim” means the particular person who seems to P to have been
    affected, or principally affected, by A’s anti-social behaviour or offence.

95 Criminal behaviour: conditional cautions

(1) In Part 3 of the Criminal Justice Act 2003 (conditional cautions), after section 23
30there is inserted—

23ZA Duty to consult victims

(1) Before deciding what conditions to attach to a conditional caution, a
relevant prosecutor or the authorised person must make reasonable
efforts to obtain the views of the victim (if any) of the offence, and in
35particular the victim’s views as to whether the offender should carry
out any of the actions listed in the community remedy document.

(2) If the victim expresses the view that the offender should carry out a
particular action listed in the community remedy document, the
prosecutor or authorised person must attach that as a condition unless
40it seems to the prosecutor or authorised person that it would be
inappropriate to do so.

(3) Where—

(a) there is more than one victim and they express different views,
or

(b) 45for any other reason subsection (2) does not apply,

Anti-social Behaviour, Crime and Policing BillPage 66

the prosecutor or authorised person must nevertheless take account of
any views expressed by the victim (or victims) in deciding what
conditions to attach to the conditional caution.

(4) In this section—

  • 5“community remedy document” means the community remedy
    document (as revised from time to time) published under
    section 93 of the Anti-social Behaviour, Crime and Policing Act
    2013 for the police area in which the offence was committed;

  • “victim” means the particular person who seems to the relevant
    10prosecutor or authorised person to have been affected, or
    principally affected, by the offence.

(2) After section 66B of the Crime and Disorder Act 1998 (requirements for youth
conditional cautions) there is inserted—

66BA Duty to consult victims

(1) 15Before deciding what conditions to attach to a youth conditional
caution, a relevant prosecutor or the authorised person must make
reasonable efforts to obtain the views of the victim (if any) of the
offence, and in particular the victim’s views as to whether the offender
should carry out any of the actions listed in the community remedy
20document.

(2) If the victim expresses the view that the offender should carry out a
particular action listed in the community remedy document, the
prosecutor or authorised person must attach that as a condition unless
it seems to the prosecutor or authorised person that it would be
25inappropriate to do so.

(3) Where—

(a) there is more than one victim and they express different views,
or

(b) for any other reason subsection (2) does not apply,

30the prosecutor or authorised person must nevertheless take account of
any views expressed by the victim (or victims) in deciding what
conditions to attach to the conditional caution.

(4) In this section—

  • “community remedy document” means the community remedy
    35document (as revised from time to time) published under
    section 93 of the Anti-social Behaviour, Crime and Policing Act
    2013 for the police area in which the offence was committed;

  • “victim” means the particular person who seems to the relevant
    prosecutor or authorised person to have been affected, or
    40principally affected, by the offence.

Response to complaints about anti-social behaviour

96 Review of response to complaints

(1) In a case where a person has made a complaint about anti-social behaviour in
a particular local government area, the relevant bodies in that area must carry
45out a review of the response to that behaviour (an “ASB case review)” if—

Anti-social Behaviour, Crime and Policing BillPage 67

(a) that person, or any other person, makes an application for such a
review, and

(b) the relevant bodies decide that the threshold for a review is met.

(2) The relevant bodies in each local government area must—

(a) 5make arrangements about the carrying out of ASB case reviews by
those bodies (“review procedures”); and

(b) ensure that the current review procedures are published.

(3) The review procedures must include provision about the making of
applications for ASB case reviews; and, in particular, must—

(a) 10specify the point of contact for making applications, and

(b) ensure that applications made to that point of contact are passed on to
all the relevant bodies in the local government area.

(4) In a situation where—

(a) an application for an ASB case review is made, and

(b) 15at least three (or, if a different number is specified in the review
procedures, at least that number of) qualifying complaints have been
made about the anti-social behaviour to which the application relates,

the relevant bodies must decide that the threshold for a review is met.

(5) In any other situation where an application for an ASB case review is made, the
20question whether the threshold for a review is met must be decided by the
relevant bodies in accordance with the review procedures; and the procedures
may, in particular, include provision for this purpose which is framed by
reference to any of these matters—

(a) the persistence of the anti-social behaviour about which the original
25complaint was made;

(b) the harm caused, or the potential for harm to be caused, by that
behaviour;

(c) the adequacy of the response to that behaviour.

(6) After the relevant bodies have decided whether or not the threshold for a
30review is met, they must inform the applicant of their decision.

(7) The relevant bodies who carry out an ASB case review may make
recommendations to a person who exercises public functions (including
recommendations to a relevant body) in respect of any matters arising from the
review; and the person must have regard to the recommendations in exercising
35public functions.

(8) The relevant bodies who carry out an ASB case review must inform the
applicant of—

(a) the outcome of the review, and

(b) any recommendations made in accordance with subsection (7).

(9) 40As soon as practicable after the end of a reporting period, the relevant bodies
in a local government area must publish information about the following
matters which relates to that period—

(a) the number of applications for ASB case reviews made to those bodies;

(b) the number of times those bodies decided that the threshold for a
45review was not met;

(c) the number of ASB case reviews those bodies have carried out;

Anti-social Behaviour, Crime and Policing BillPage 68

(d) the number of ASB case reviews carried out by those bodies that have
resulted in recommendations being made.

(10) The question whether a complaint made about anti-social behaviour is a
“qualifying complaint” for the purposes of subsection (4) is to be determined
5in accordance with subsections (11) and (12).

(11) A complaint about anti-social behaviour is a qualifying complaint if—

(a) the complaint is made within the period of one month (or, if a different
period is specified in the review procedures, that period) beginning
with the date on which the behaviour is alleged to have occurred; and

(b) 10the application for the ASB case review is made within the period of six
months (or, if a different period is specified in the review procedures,
that period) beginning with the date on which the complaint is made.

(12) But where a person makes two or more complaints about anti-social behaviour
which meet the requirements in subsection (11), the question of which
15complaint is, or which complaints are, qualifying complaints is to be decided
by the relevant bodies in accordance with the review procedures.

The procedures may, in particular, include provision for this purpose which is
framed by reference to whether different complaints relate to different aspects
of particular anti-social behaviour (including different incidents comprised in
20particular anti-social behaviour).

The procedures may, in particular, include provision for this purpose which is
framed by reference to whether different complaints relate to different aspects
of particular anti-social behaviour (including different incidents comprised in
particular anti-social behaviour).

(13) 25Schedule 4 (ASB case reviews: supplementary provision) has effect.

97 ASB case reviews: interpretation

(1) This section applies for the purposes of section 96, this section and Schedule 4.

(2) In relation to England—

  • “local government area” means an area for which there is—

    (a)

    30a relevant district council, or

    (b)

    a unitary authority;

  • “relevant district council” means the council of a district so far as it is not
    a unitary authority;

  • “unitary authority” means—

    (a)

    35the council of a county so far as it is the council for an area for
    which there are no district councils,

    (b)

    the council of any district comprised in an area for which there
    is no county council,

    (c)

    a London borough council,

    (d)

    40the Common Council of the City of London in its capacity as a
    local authority, or

    (e)

    the Council of the Isles of Scilly;

and, in relation to a local government area in England—

  • “local provider of social housing” means a private registered provider of
    45social housing that—

    (a)

    grants tenancies of dwelling-houses in that area, or

    (b)

    manages any house or other property in that area;

  • “relevant bodies” means—

    (a)

    the relevant district council or the unitary authority,

    Anti-social Behaviour, Crime and Policing BillPage 69

    (b)

    the chief officer of police for the police area which that local
    government area is within,

    (c)

    each clinical commissioning group established under section
    14V of the National Health Service Act 2006 whose area is
    5wholly or partly within that local government area, and

    (d)

    any local providers of social housing who are among the
    relevant bodies by virtue of the co-option arrangements made
    in relation to that local government area.

(3) In relation to Wales—

  • 10“local government area” means—

    (a)

    a county, or

    (b)

    a county borough;

and, in relation to a local government area in Wales—

  • “local provider of social housing” means a body registered as a social
    15landlord under section 3 of the Housing Act 1996 that—

    (a)

    grants tenancies of dwelling-houses in that area, or

    (b)

    manages any house or other property in that area;

  • “relevant bodies” means—

    (a)

    the council for the area,

    (b)

    20the chief officer of police for the police area which that local
    government area is within,

    (c)

    each Local Health Board whose area is wholly or partly within
    that local government area, and

    (d)

    any local providers of social housing who are among the
    25relevant bodies by virtue of the co-option arrangements made
    in relation to that local government area.

(4) These expressions have the meanings given—

  • “anti-social behaviour” means behaviour causing harassment, alarm or
    distress to members or any member of the public;

  • 30“applicant” means a person who makes an application for an ASB case
    review;

  • “ASB case review” has the meaning given in section 96(1);

  • “dwelling-house” has the same meaning as in the Housing Act 1985;

  • “co-option arrangements” has the meaning given in paragraph 5 of
    35Schedule 4;

  • “reporting period”, in relation to the publication of information by the
    relevant bodies in a local government area, means a period, not
    exceeding 12 months, determined by those bodies.

Part 7 40Dangerous dogs

98 Keeping dogs under proper control

(1) The Dangerous Dogs Act 1991 is amended as follows.

(2) In section 3 (keeping dogs under proper control)—

(a) in subsection (1)—