Anti-social Behaviour, Crime and Policing Bill (HL Bill 52)

(b) is invalid only because it has expired,

it must be returned to the person straight away.

(3) A travel document taken from a person under paragraph 2 or 3 must be
returned to the person before the end of the period of 7 days beginning with
5the day on which it was taken, unless during that period it is established that
the document is invalid for some reason other than expiry.

(4) A requirement under sub-paragraph (2)(b) or (3) to return an expired travel
document does not apply where the officer concerned reasonably believes
that the person from whom he or she took the document, or some other
10person, intends to use it for purposes for which it is no longer valid.

(5) A requirement under sub-paragraph (2) or (3) to return a travel document
has effect subject to any provision not in this Schedule under which the
document may be lawfully retained.

Offences

5 (1) 15A person who is required under paragraph 2(2)(a) or 3(3)(a) to hand over all
travel documents in the person’s possession commits an offence if he or she
fails without reasonable excuse to do so.

(2) A person who intentionally obstructs, or seeks to frustrate, a search under
paragraph 2 or 3 commits an offence.

(3) 20A person guilty of an offence under this paragraph is liable on summary
conviction—

(a) to imprisonment for a term not exceeding 6 months, or

(b) to a fine, which in Scotland or Northern Ireland may not exceed
£5,000,

25or to both.

6 An examining officer, other than a constable, exercising a power under
paragraph 2 has the same powers of arrest without warrant as a constable in
relation to an offence under—

(a) paragraph 6, or

(b) 30section 4 or 6 of the Identity Documents Act 2010.

Section 132

SCHEDULE 8 Port and border controls

Examining officers

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

(2) 35In 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 of
Scotland, and

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

Power to make and retain copies

4 30In Schedule 7 to the Terrorism Act 2000, after paragraph 11 there is
inserted—

“Power to make and retain copies

11A (1) This paragraph applies where the examining officer is a constable.

(2) The examining officer may copy anything which—

(a) 35is given to the examining officer in accordance with
paragraph 5,

(b) is searched or found on a search under paragraph 8, or

(c) is examined under paragraph 9.

(3) The copy may be retained—

(a) 40for so long as is necessary for the purpose of determining
whether a person falls within section 40(1)(b),

(b) while the examining officer believes that it may be needed
for use as evidence in criminal proceedings, or

(c) while the examining officer believes that it may be needed
in connection with a decision by the Secretary of State
whether to make a deportation order under the
Immigration Act 1971.”

5Right of person detained under Schedule 7 to have someone informed and to consult a solicitor

5 (1) Schedule 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) 10In paragraph 8 (1), for “an officer” there is substituted “a police officer”.

(5) In 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) 15in sub-paragraphs (1) and (3), in each place, for “police station” there
is substituted “place”;

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

(7) In paragraph 17(1)—

(a) 20for “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) 25In 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,

30apply as if references to a constable included an examining
officer.”

Biometrics

6 (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
35person 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

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

(2) In 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) 5In Schedule 8, after Part 1 there is inserted—

(1) The 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
10reviewed 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
under Schedule 7 only if satisfied that it is necessary for the
purposes of exercising a power under paragraph 2 or 3 of that
15Schedule.

(4) If 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
20not been directly involved in questioning the detained person
under paragraph 2 or 3 of Schedule 7.

(6) “Senior officer” means—

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

(b) 25where 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) 30The code of practice must include provision about training to be
undertaken by persons who are to act as review officers.”

Section 156

SCHEDULE 9 Minor and consequential amendments

Part 1 Amendments relating to Parts 1 to 6

5Magistrates’ 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
sums 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
10association and housing trust tenancies under Rent Act 1977), in paragraph
5, after “83” there is inserted “or 83ZA”.

Highways 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.

15Police 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-
social Behaviour, Crime and Policing Act 2013.”

20Prosecution 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
substituted “section 21 of the Anti-social Behaviour, Crime and Policing Act
252013 (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
Policing Act 2013”;

(b) 30for “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) Paragraphs (fd) and (fe) are omitted.

35Housing 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) conduct that is capable of causing nuisance or
annoyance to some person (who need not be a
particular identified person) and that directly or
5indirectly 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) 10For 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) 15any 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) 20Before 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
25behaviour), 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) 30In 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) In subsection (2)(a), after “83” there is inserted “or 83ZA”.

(3) 35In 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) In subsection (5)—

(a) 40for “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) In 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) 5after “83” there is inserted “or 83ZA”;

(b) for “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-
10social behaviour) after “possession” there is inserted “on non-absolute
grounds”.

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) 15conduct 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) 20conduct 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) conduct that is capable of causing nuisance or
25annoyance 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
30accommodation 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) flats, lodging-houses and hostels;

(b) 35any 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) In Schedule 1 to that Act (tenancies which are not secure tenancies),
40paragraph 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) in sub-paragraph (i) the words “, on ground 2 or 2A of Part 1 of
45Schedule 2” are omitted.

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

inserted—

• ““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)

  5a 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
83ZA”.

14 In Schedule 3 to that Act (grounds for withholding consent to assignment by
10way 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
is substituted “, a suspended anti-social behaviour possession order or a
suspended riot-related possession order”.

(3) 15In 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) In the definition of “relevant order”—

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

(b) 20in 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) at the end there is inserted—

• “an injunction under section 1 of the Anti-social
  25Behaviour, 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
  30Ground 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
  possession under Ground 2ZA in Schedule 2 to this Act or
  Ground 14ZA in Schedule 2 to the Housing Act 1988.”

(7) 35The 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
under Chapter 3 of Part 4 of the Anti-social Behaviour, Crime and
Policing Act 2013.”

40Housing 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) 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
in—

(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”.

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

“(10A) In subsection (4)(a)(ii) “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.”

18 (1) 20Section 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) In subsection (5A)(a), for “and 5” there is substituted “, 5 and 7A”.

(4) 25In 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
30paragraph 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
35abatement 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 40In 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—