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

(a) 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 management functions, or

(b) 5conduct that consists of or involves using or threatening to
use housing accommodation owned or managed by the
landlord 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24 The following provisions of the Crime and Disorder Act 1998 are repealed—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) 10sections 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
order).

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

(2) 15In 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
of that Act or a”.

(3) In subsection (1)(c) the words “, except in a case where section 8A below
20applies (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
substituted “the order being made or the injunction granted”.

26 (1) Section 9 of that Act (parenting orders: supplemental) is amended as
25follows.

(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) In subsection (1B)—

(a) for “an anti-social behaviour order” there is substituted “an
30injunction 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) after “which” there is inserted “grants the injunction or”.

(4) In subsection (2)—

(a) 35paragraph (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(5) Subsection (2AA) is repealed.

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

(2) 40In subsection (1)—

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

(b) paragraph (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 5In 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 10Sections 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
15words 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
20support officers), paragraph 1(2)(e) (powers to issue fixed penalty notices in
respect 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.

25Licensing Act 2003 (c. 17)Licensing Act 2003 (c. 17)

34 Sections 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) 30In subsection (1)(a), for “a closure order has come into force” there is
substituted “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”
35there is substituted “accordingly received a notice under section 73(9) or
77(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
40order mentioned in subsection (1)(a) and any relevant representations;”.

36 In 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 Section 169 of that Act (enforcement of closure order) is repealed.

38 (1) 5Section 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) Paragraph (b) of subsection (2) is omitted.

39 (1) 10Section 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) in the definition of “appropriate person” the word “relevant” is
15omitted;

(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
20words after “any notice given to it under” in paragraph (z) there is
substituted “section 73(9) 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
25repealed—

(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) 30sections 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
35Act 2005 are repealed.

Government of Wales Act 2006 (c. 32)2006 (c. 32)

43 In Schedule 7 to the Government of Wales Act 2006 (legislative competence
of Welsh Assembly), in the list of exceptions in paragraph 12, for “Anti-social
behaviour orders” there is substituted “Orders to protect people from
40behaviour that causes or is likely to cause harassment, alarm or distress”.

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

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

(a) sections 1 to 7;

(b) 5section 8(1) to (6);

(c) sections 9 to 14.

45 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)

46 10Sections 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)

47 (1) In Schedule 14 to the Localism Act 2011 (grounds on which landlord may
15refuse 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) 20In 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) the word “or” before paragraph (e) is omitted;

(b) 25in 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) an injunction under section 1 of the Anti-social
30Behaviour, 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—

• “An “anti-social behaviour possession order” means an order
  35for 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
inserted—

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

48 After paragraph 6 of that Schedule there is inserted—

“Ground 6A

6A 5This ground is that a dwelling-house let on an existing tenancy 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.”

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

49 (1) Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act
102012 (legal aid for civil legal services) is amended as follows.

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

Repeal of spent provisions etc

50 The following provisions are repealed.

Part 2 Amendments relating to Part 9

Criminal Procedure (Scotland) Act 1995 (c. 46)1995 (c. 46)

51 In section 19AA of the Criminal Procedure (Scotland) Act 1995 (samples etc
5from sex offenders), in subsection (1)(c), after “an order under section” there
is inserted “122A or”.

52 In section 19AB of that Act (supplementary provision in risk of sexual harm
order cases), in subsection (7), at the end of the definition of “risk of sexual
harm order” there is inserted—

• 10“and also includes an order under section 122A of the 2003
  Act (sexual risk orders);”.

Police Act 1997 (c. 50)1997 (c. 50)

53 (1) Section 113CA of the Police Act 1997 (suitability information relating to
children) is amended as follows.

(2) After paragraph (f) of subsection (2) there is inserted—

“(fa) if a sexual harm prevention order, made under section 103A
of the Sexual Offences Act 2003, is in effect in respect of the
applicant—

(i) 5the prohibitions described in that order;

(ii) the date of that order;

(iii) the period for which the prohibitions have effect by
virtue of section 103C(2) or 103D(1) of that Act;

(iv) details as to whether the order has been varied or
10renewed under section 103E(5) of that Act;

(fb) if an interim sexual harm prevention order, made under
section 103F of the Sexual Offences Act 2003, is in effect in
respect of the applicant—

(i) the prohibitions described in that order;

(ii) 15the date of that order;

(iii) the period for which that order has effect by virtue of
section 103F(4) of that Act;

(iv) details as to whether the order has been varied or
renewed under section 103F(5) of that Act;”.

(3) 20After paragraph (i) of that subsection there is inserted—

“(ia) if a sexual risk order, made under section 122A of the Sexual
Offences Act 2003, is in effect in respect of the applicant—

(i) the prohibitions described in that order;

(ii) the date of that order;

(iii) 25the period for which the prohibitions have effect by
virtue of section 122A(7) or 122C(1) of that Act;

(iv) details as to whether the order has been varied or
renewed under section 122D(4) of that Act;

(ib) if an interim sexual risk order, made under section 122E of
30the Sexual Offences Act 2003, is in effect in respect of the
applicant—

(i) the prohibitions described in that order;

(ii) the date of that order;

(iii) the period for which that order has effect by virtue of
35section 122E(4) of that Act;

(iv) details as to whether the order has been varied or
renewed under section 122E(5) of that Act;”.

54 (1) Section 113CB of that Act (suitability information relating to protected
adults) is amended as follows.

(2) 40After paragraph (f) of subsection (2) there is inserted—

“(fa) if a sexual harm prevention order, made under section 103A
of the Sexual Offences Act 2003, is in effect in respect of the
applicant—

(i) the prohibitions described in that order;

(ii) 45the date of that order;

(iii) the period for which the prohibitions have effect by
virtue of section 103C(2) or 103D(1) of that Act;

(iv) details as to whether the order has been varied or
renewed under section 103E(5) of that Act;

(fb) if an interim sexual harm prevention order, made under
section 103F of the Sexual Offences Act 2003, is in effect in
respect of the applicant—

(i) the prohibitions described in that order;

(ii) 5the date of that order;

(iii) the period for which that order has effect by virtue of
section 103F(4) of that Act;

(iv) details as to whether the order has been varied or
renewed under section 103F(5) of that Act;”.

(3) 10After paragraph (i) of that subsection there is inserted—

“(ia) if a sexual risk order, made under section 122A of the Sexual
Offences Act 2003, is in effect in respect of the applicant—

(i) the prohibitions described in that order;

(ii) the date of that order;

(iii) 15the period for which the prohibitions have effect by
virtue of section 122A(7) or 122C(1) of that Act;

(iv) details as to whether the order has been varied or
renewed under section 122D(4) of that Act;

(ib) if an interim sexual risk order, made under section 122E of
20the Sexual Offences Act 2003, is in effect in respect of the
applicant—

(i) the prohibitions described in that order;

(ii) the date of that order;

(iii) the period for which that order has effect by virtue of
25section 122E(4) of that Act;

(iv) details as to whether the order has been varied or
renewed under section 122E(5) of that Act;”.

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

55 (1) Section 8 of the Crime and Disorder Act 1998 (parenting orders) is amended
30as follows.

(2) For “sexual offences prevention order” there is substituted “sexual harm
prevention order”—

(a) in subsection (1)(b);

(b) in subsection (6)(a).

(3) 35For subsection (9) there is substituted—

“(9) In this section “sexual harm prevention order” means an order under
section 103A of the Sexual Offences Act 2003 (sexual harm
prevention orders).”

Sexual Offences Act 2003 (c. 42)2003 (c. 42)

56 40In section 88 of the Sexual Offences Act 2003 (section 87: interpretation), in
subsection (4)(c), after “interim notification order,” there is inserted “sexual
harm prevention order, interim sexual harm prevention order,”.

57 In section 89 of that Act (young offenders: parental directions), in the Table
in subsection (1), after “interim notification order,” there is inserted “sexual
45harm prevention order, interim sexual harm prevention order,”.

58 In section 91A of that Act (review of indefinite notification requirements:
qualifying young offender), in subsection (2)(b), after “not subject to” there
is inserted “a sexual harm prevention order under section 103A, an interim
sexual harm prevention order under section 103F,”.

59 5In the cross-heading before section 104 of that Act (sexual offences
prevention orders: application and grounds), after “orders” there is inserted
“(Scotland and Northern Ireland)”.

60 In section 108 of that Act (SOPOs: variations, renewals and discharges), in
subsection (8)(b) the words “2 or” and “England and Wales or” are omitted.

61 10In section 109 of that Act (interim SOPOs), in subsection (7)(a) the words “2A
or” and “England and Wales or” are omitted.

62 (1) Section 110 of that Act (SOPO and interim SOPOs: appeals) is amended as
follows.

(2) For the heading there is substituted “Appeals in relation to SOPOs and
15interim SOPOs: Northern Ireland”.

(3) In subsections (1)(c), (2) and (3)(b), for “the Crown Court” there is
substituted “a county court”.

(4) In subsection (4), for “the Crown Court” there is substituted “the county
court”.

(5) 20For subsection (5) there is substituted—

“(5) Any order made by a county court on an appeal under subsection
(1)(c) or (2) (other than an order directing that an application be re-
heard by a court of summary jurisdiction) is for the purposes of
section 108(7) or 109(6) (respectively) to be treated as if it were an
25order of the court from which the appeal was brought (and not an
order of the county court).”

63 (1) Section 113 of that Act (offence: breach of SOPO or interim SOPO) is
amended as follows.

(2) In the heading, at the end there is inserted “etc”.

(3) 30In subsection (1), in paragraph (d) the words “2, 2A or” and “in England and
Wales and” are omitted.

(4) After that subsection there is inserted—

“(1A) A person commits an offence if, without reasonable excuse, he
contravenes a prohibition imposed by—

(a) 35a sexual harm prevention order, or

(b) an interim sexual harm prevention order,

other than a prohibition on foreign travel.”

64 In the cross-heading before section 114 of that Act (foreign travel orders:
applications and grounds), after “orders” there is inserted “(Scotland and
40Northern Ireland)”.

65 (1) Section 117A of that Act (foreign travel orders: surrender of passports) is
amended as follows.