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

82 Exemption from liability

(1) A police officer, or the chief officer of police under whose direction or control
he or she acts, is not liable for damages in proceedings for—

(a) judicial review, or

(b) 5the tort of negligence or misfeasance in public office,

arising out of anything done or omitted to be done by the police officer in the
exercise or purported exercise of a power under this Chapter.

(2) A local authority is not liable for damages in proceedings for—

(a) judicial review, or

(b) 10the tort of negligence or misfeasance in public office,

arising out of anything done or omitted to be done by the authority in the
exercise or purported exercise of a power under this Chapter.

(3) Subsections (1) and (2) do not apply to an act or omission shown to have been
in bad faith.

(4) 15Subsections (1) and (2) do not apply so as to prevent an award of damages
made in respect of an act or omission on the ground that the act or omission
was unlawful by virtue of section 6(1) of the Human Rights Act 1998.

(5) This section does not affect any other exemption from liability (whether at
common law or otherwise).

83 20Compensation

(1) A person who claims to have incurred financial loss in consequence of a closure
notice or a closure order may apply to the appropriate court for compensation.

(2) The appropriate court is—

(a) the magistrates’ court that considered the application for a closure
25order (except where paragraph (b) applies);

(b) the Crown Court, in the case of a closure order that was made or
extended by an order of that Court on an appeal under section 77.

(3) An application under this section may not be heard unless it is made before the
end of the period of 3 months starting with whichever of the following is
30applicable—

(a) the day on which the closure notice was cancelled under section 71;

(b) the day on which a closure order was refused;

(c) the day on which the closure order ceased to have effect.

(4) For the purposes of subsection (3)(b) the day on which a closure order was
35refused is—

(a) the day on which the magistrates’ court decided not to make a closure
order (except where paragraph (b) applies);

(b) the day on which the Crown Court dismissed an appeal against a
decision not to make a closure order.

(5) 40On an application under this section the court may order the payment of
compensation out of central funds if it is satisfied—

(a) that the applicant is not associated with the use of the premises, or the
behaviour on the premises, on the basis of which the closure notice was
issued or the closure order made,

(b) if the applicant is the owner or occupier of the premises, that the
applicant took reasonable steps to prevent that use or behaviour,

(c) that the applicant has incurred financial loss in consequence of the
notice or order, and

(d) 5that having regard to all the circumstances it is appropriate to order
payment of compensation in respect of that loss.

(6) In this section “central funds” has the same meaning as in enactments
providing for the payment of costs.

84 Interpretation of Chapter 3

(1) 10In this Chapter—

• “cancellation notice” has the meaning given by section 71(2);

• “criminal behaviour” means behaviour that constitutes a criminal offence;

• “extension notice” has the meaning given by section 70(5);

• “local authority” means—

  (a)

  15in relation to England, a district council, a county council for an
  area for which there is no district council, a London borough
  council, the Common Council of the City of London or the
  Council of the Isles of Scilly;

  (b)

  in relation to Wales, a county council or a county borough
  20council;

• “offensive behaviour” means behaviour by a person that causes or is
  likely to cause harassment, alarm or distress to one or more other
  persons not of the same household as that person;

• “owner”, in relation to premises, means—

  (a)

  25a person (other than a mortgagee not in possession) entitled to
  dispose of the fee simple of the premises, whether in possession
  or in reversion;

  (b)

  a person who holds or is entitled to the rents and profits of the
  premises under a lease that (when granted) was for a term of not
  30less then 3 years;

• “premises” includes—

  (a)

  any land or other place (whether enclosed or not);

  (b)

  any outbuildings that are, or are used as, part of premises;

• “premises licence” has the meaning given by section 11 of the Licensing
  35Act 2003;

• “relevant licensing authority” has the meaning given by section 12 of that
  Act;

• “variation notice” has the meaning given by section 71(3).

(2) A reference in this Chapter to “the local authority”, in relation to any premises
40or a notice or order relating to any premises, is a reference to the local authority
(or, as the case may be, any of the local authorities) within whose area the
premises are situated.

(3) A reference in this Chapter to “the premises”, in relation to a closure notice or
a closure order, is a reference to the premises to which the notice or order
45relates.

85 Saving and transitional provision

(1) The repeal or amendment by this Act of provisions about any of the notices
specified in subsection (2) or orders specified in subsection (3) does not apply
in relation to—

(a) 5any such notice issued or order made before the commencement day;

(b) anything done in connection with any such notice or order.

(2) The notices are—

(a) a notice issued under section 1 of the Anti-social Behaviour Act 2003;

(b) a notice issued under section 11A of that Act.

(3) 10The orders are—

(a) an order made under section 2 of the Anti-social Behaviour Act 2003;

(b) an order made under section 11B of that Act;

(c) an order made under section 40 of that Act;

(d) an order made under section 161 of the Licensing Act 2003;

(e) 15an order made under section 165(2)(b), (c) or (d) of that Act.

(4) A person deciding whether to issue a closure notice may take into account
things that—

(a) happened before the commencement day, and

(b) would have given rise to the power to issue one of the notices specified
20in subsection (2) or to make an order specified in subsection (3)(c) or (d).

(5) A court deciding whether to make a closure order may take into account things
that—

(a) happened before the commencement day, and

(b) would have given rise to the power to make an order specified in
25subsection (3)(a), (b) or (e).

(6) Subsections (4) and (5) apply only during the period of 3 months beginning
with the commencement day.

(7) In this section “commencement day” means the day on which this Chapter
comes into force.

30Part 5 Recovery of possession of dwelling-houses: anti-social behaviour grounds

Absolute ground for possession: secure tenancies

86 New ground for serious offences or breach of requirements etc

(1) After section 84 of the Housing Act 1985 (secure tenancies: grounds and orders
35for possession) there is inserted—

“84A Absolute ground for possession for anti-social behaviour

(1) If the court is satisfied that any of the following conditions is met, it
must make an order for the possession of a dwelling-house let under a
secure tenancy.

This is subject to subsection (2) (and to any available defence based on
the tenant’s Convention rights, within the meaning of the Human
Rights Act 1998).

5This is subject to subsection (2) (and to any available defence based on
the tenant’s Convention rights, within the meaning of the Human
Rights Act 1998).

(2) Subsection (1) applies only where the landlord has complied with any
obligations it has under section 85ZA (review of decision to seek
10possession).

(3) Condition 1 is that—

(a) the tenant, or a person residing in or visiting the dwelling-
house, has been convicted of a serious offence, and

(b) the serious offence—

(i) 15was committed (wholly or partly) in, or in the locality of,
the dwelling-house,

(ii) was committed elsewhere against a person with a right
(of whatever description) to reside in, or occupy
housing accommodation in the locality of, the dwelling-
20house, or

(iii) was committed elsewhere against 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 management functions, and directly
25or indirectly related to or affected those functions.

(4) Condition 2 is that a court has found in relevant proceedings that the
tenant, or a person residing in or visiting the dwelling-house, has
breached a provision of an injunction under section 1 of the Anti-social
Behaviour, Crime and Policing Act 2013, other than a provision
30requiring a person to participate in a particular activity, and—

(a) the breach occurred in, or in the locality of, the dwelling-house,
or

(b) the breach occurred elsewhere and the provision breached was
a provision intended to prevent—

(i) 35conduct that is capable of causing nuisance or
annoyance to a person with a right (of whatever
description) to reside in, or occupy housing
accommodation in the locality of, the dwelling-house, or

(ii) conduct that is capable of causing nuisance or
40annoyance 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
management functions, and that is directly or indirectly
related to or affects those functions.

(5) 45Condition 3 is that the tenant, or a person residing in or visiting the
dwelling-house, has been convicted of an offence under section 29 of
the Anti-social Behaviour, Crime and Policing Act 2013 consisting of a
breach of a provision of a criminal behaviour order prohibiting a
person from doing anything described in the order, and the offence
50involved—

(a) a breach that occurred in, or in the locality of, the dwelling-
house, or

(b) a breach that occurred elsewhere of a provision intended to
prevent—

(i) behaviour that causes or is likely to cause harassment,
alarm or distress to a person with a right (of whatever
description) to reside in, or occupy housing
accommodation in the locality of, the dwelling-house, or

(ii) 5behaviour that causes or is likely to cause harassment,
alarm or distress 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
management functions, and that is directly or indirectly
10related to or affects those functions.

(6) Condition 4 is that—

(a) the dwelling-house is or has been subject to a closure order
under section 73 of the Anti-social Behaviour, Crime and
Policing Act 2013, and

(b) 15access to the dwelling-house has been prohibited (under the
closure order or under a closure notice issued under section 69
of that Act) for a continuous period of more than 48 hours.

(7) Condition 5 is that—

(a) the tenant, or a person residing in or visiting the dwelling-
20house, has been convicted of an offence under—

(i) section 80(4) of the Environmental Protection Act 1990
(breach of abatement notice in relation to statutory
nuisance), or

(ii) section 82(8) of that Act (breach of court order to abate
25statutory nuisance etc.), and

(b) the nuisance concerned was noise emitted from the dwelling-
house which was a statutory nuisance for the purposes of Part 3
of that Act by virtue of section 79(1)(g) of that Act (noise emitted
from premises so as to be prejudicial to health or a nuisance).

(8) 30Condition 1, 2, 3, 4 or 5 is not met if—

(a) there is an appeal against the conviction, finding or order
concerned which has not been finally determined, abandoned
or withdrawn, or

(b) the final determination of the appeal results in the conviction,
35finding or order being overturned.

(9) In this section—

• “relevant proceedings” means proceedings for contempt of court
  or proceedings under Schedule 2 to the Anti-social Behaviour,
  Crime and Policing Act 2013;

• 40“serious offence” means an offence which—

  (a)

  was committed on or after the day on which subsection
  (3) comes into force,

  (b)

  is specified, or falls within a description specified, in
  Schedule 2A at the time the offence was committed and
  45at the time the court is considering the matter, and

  (c)

  is not an offence that is triable only summarily by virtue
  of section 22 of the Magistrates’ Courts Act 1980 (either-
  way offences where value involved is small).

(10) The Secretary of State may by order amend Schedule 2A as it applies in
relation to dwelling-houses in England by—

(a) adding an indictable offence;

(b) removing an offence.

(11) 5The Welsh Ministers may by order amend Schedule 2A as it applies in
relation to dwelling-houses in Wales by—

(a) adding an indictable offence;

(b) removing an offence.

(12) An order under subsection (10) or (11)—

(a) 10is to be made by statutory instrument which—

(i) in the case of an order made by the Secretary of State is
subject to annulment in pursuance of a resolution of
either House of Parliament;

(ii) in the case of an order made by the Welsh Ministers is
15subject to annulment in pursuance of a resolution of the
National Assembly for Wales;

(b) may make different provision for different purposes;

(c) may include incidental, supplementary, consequential,
transitional or saving provision.”

(2) 20After Schedule 2 to that Act there is inserted the Schedule set out in Schedule
3 to this Act.

87 Notice requirements for new ground

After section 83 of the Housing Act 1985 (proceedings for possession or
termination: notice requirements) there is inserted—

“83ZA 25 Notice requirements in relation to proceedings for possession on
absolute ground for anti-social behaviour

(1) This section applies in relation to proceedings for possession of a
dwelling-house under section 84A (absolute ground for possession for
anti-social behaviour), including proceedings where possession is also
30sought on one or more of the grounds set out in Schedule 2.

(2) The court must not entertain the proceedings unless the landlord has
served on the tenant a notice under this section.

(3) The notice must—

(a) state that the court will be asked to make an order under section
3584A for the possession of the dwelling-house,

(b) set out the reasons for the landlord’s decision to apply for the
order (including the condition or conditions in section 84A on
which the landlord proposes to rely), and

(c) inform the tenant of any right that the tenant may have under
40section 85ZA to request a review of the landlord’s decision and
of the time within which the request must be made.

(4) In a case where possession is also sought on one or more of the grounds
set out in Schedule 2, the notice must also—

(a) specify the ground on which the court will be asked to make the
45order, and

(b) give particulars of that ground.

(5) A notice which states that the landlord proposes to rely upon condition
1, 3 or 5 in section 84A—

(a) must also state the conviction on which the landlord proposes
5to rely, and

(b) must be served on the tenant within—

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

(ii) if there is an appeal against the conviction, the period of
1012 months beginning with the day on which the appeal
is finally determined or abandoned.

(6) A notice which states that the landlord proposes to rely upon condition
2 in section 84A—

(a) must also state the finding on which the landlord proposes to
15rely, and

(b) must be served on the tenant within—

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

(ii) if there is an appeal against the finding, the period of 12
20months beginning with the day on which the appeal is
finally determined, abandoned or withdrawn.

(7) A notice which states that the landlord proposes to rely upon condition
4 in section 84A—

(a) must also state the closure order concerned, and

(b) 25must be served on the tenant within—

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

(ii) if there is an appeal against the making of the order, the
period of 3 months beginning with the day on which the
30appeal is finally determined, abandoned or withdrawn.

(8) A notice under this section must also inform the tenant that, if the
tenant needs help or advice about the notice and what to do about it,
the tenant should take it immediately to a Citizens’ Advice Bureau, a
housing aid centre, a law centre or a solicitor.

(9) 35The notice—

(a) must also specify the date after which proceedings for the
possession of the dwelling-house may be begun, and

(b) ceases to be in force 12 months after the date so specified.

(10) The date specified in accordance with subsection (9)(a) must not be
40earlier than—

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

(b) 45in the case of a secure tenancy for a term certain, one month
after the date of the service of the notice.

(11) Where a notice under this section is served with respect to a secure
tenancy for a term certain, it has effect also with respect to any periodic

tenancy arising on the termination of that tenancy by virtue of section
86; and subsection (10)(a) does not apply to the notice.”

88 Review requirements for new ground

After section 85 of the Housing Act 1985 (extended discretion of court in certain
5proceedings for possession) there is inserted—

“85ZA Review of decision to seek possession on absolute ground for anti-
social behaviour

(1) A tenant may request a review of a landlord’s decision to seek an order
for possession of a dwelling-house under section 84A if the interest of
10the landlord belongs to—

(a) a local housing authority, or

(b) a housing action trust.

(2) Such a request must be made in writing before the end of the period of
7 days beginning with the day on which the notice under section 83ZA
15is served.

(3) On a request being duly made to it, the landlord must review its
decision.

(4) The landlord must notify the tenant in writing of the decision on the
review.

(5) 20If the decision is to confirm the original decision, the landlord must also
notify the tenant of the reasons for the decision.

(6) The review must be carried out, and the tenant notified, before the day
specified in the notice under section 83ZA as the day after which
proceedings for the possession of the dwelling-house may be begun.

(7) 25The Secretary of State may by regulations make provision about the
procedure to be followed in connection with a review under this section
that relates to an order for possession of a dwelling-house in England.

(8) The Welsh Ministers may by regulations make provision about the
procedure to be followed in connection with a review under this section
30that relates to an order for possession of a dwelling-house in Wales.

(9) Regulations under subsections (7) and (8) may, in particular, make
provision—

(a) requiring the decision on review to be made by a person of
appropriate seniority who was not involved in the original
35decision, and

(b) as to the circumstances in which the person concerned is
entitled to an oral hearing, and whether and by whom the
person may be represented at such a hearing.

(10) Regulations under this section—

(a) 40may contain transitional or saving provision;

(b) are to be made by statutory instrument which—

(i) in the case of regulations made by the Secretary of State,
is subject to annulment in pursuance of a resolution of
either House of Parliament;

(ii) in the case of regulations made by the Welsh Ministers,
is subject to annulment in pursuance of a resolution of
the National Assembly for Wales.”

Absolute ground for possession: assured tenancies

89 5Corresponding new ground and notice requirements for assured tenancies

(1) In Part 1 of Schedule 2 to the Housing Act 1988 (assured tenancies: grounds on
which court must order possession), after ground 7 there is inserted—

“Ground 7A

Any of the following conditions is met.

Condition 1 is that—

(a) 10the tenant, or a person residing in or visiting the dwelling-
house, has been convicted of a serious offence, and

(b) the serious offence—

(i) was committed (wholly or partly) in, or in the locality
of, the dwelling-house,

(ii) 15was committed elsewhere against a person with a
right (of whatever description) to reside in, or occupy
housing accommodation in the locality of, the
dwelling-house, or

(iii) was committed elsewhere against the landlord of the
20dwelling-house, or a person employed (whether or
not by the landlord) in connection with the exercise of
the landlord’s housing management functions, and
directly or indirectly related to or affected those
functions.

25Condition 2 is that a court has found in relevant proceedings that the
tenant, or a person residing in or visiting the dwelling-house, has
breached a provision of an injunction under section 1 of the Anti-
social Behaviour, Crime and Policing Act 2013, other than a
provision requiring a person to participate in a particular activity,
30and—

(a) the breach occurred in, or in the locality of, the dwelling-
house, or

(b) the breach occurred elsewhere and the provision breached
was a provision intended to prevent—

(i) 35conduct that is capable of causing nuisance or
annoyance to a person with a right (of whatever
description) to reside in, or occupy housing
accommodation in the locality of, the dwelling-house,
or

(ii) 40conduct that is capable of causing 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 management functions, and that is directly
45or indirectly related to or affects those functions.

Condition 3 is that the tenant, or a person residing in or visiting the
dwelling-house, has been convicted of an offence under section 29 of
the Anti-social Behaviour, Crime and Policing Act 2013 consisting of
a breach of a provision of a criminal behaviour order prohibiting a
5person from doing anything described in the order, and the offence
involved—

(a) a breach that occurred in, or in the locality of, the dwelling-
house, or

(b) a breach that occurred elsewhere of a provision intended to
10prevent—

(i) behaviour that causes or is likely to cause harassment,
alarm or distress to a person with a right (of whatever
description) to reside in, or occupy housing
accommodation in the locality of, the dwelling-house,
15or

(ii) behaviour that causes or is likely to cause harassment,
alarm or distress to the landlord of the dwelling-
house, or a person employed (whether or not by the
landlord) in connection with the exercise of the
20landlord’s housing management functions, and that
is directly or indirectly related to or affects those
functions.

Condition 4 is that—

(a) the dwelling-house is or has been subject to a closure order
25under section 73 of the Anti-social Behaviour, Crime and
Policing Act 2013, and

(b) access to the dwelling-house has been prohibited (under the
closure order or under a closure notice issued under section
69 of that Act) for a continuous period of more than 48 hours.

30Condition 5 is that—

(a) the tenant, or a person residing in or visiting the dwelling-
house, has been convicted of an offence under—

(i) section 80(4) of the Environmental Protection Act
1990 (breach of abatement notice in relation to
35statutory nuisance), or

(ii) section 82(8) of that Act (breach of court order to abate
statutory nuisance etc.), and

(b) the nuisance concerned was noise emitted from the dwelling-
house which was a statutory nuisance for the purposes of
40Part 3 of that Act by virtue of section 79(1)(g) of that Act
(noise emitted from premises so as to be prejudicial to health
or a nuisance).

Condition 1, 2, 3, 4 or 5 is not met if—

(a) there is an appeal against the conviction, finding or order
45concerned which has not been finally determined,
abandoned or withdrawn, or

(b) the final determination of the appeal results in the conviction,
finding or order being overturned.

In this ground—

Anti-social Behaviour, Crime and Policing BillPage 60

• “relevant proceedings” means proceedings for contempt of
  court or proceedings under Schedule 2 to the Anti-social
  Behaviour, Crime and Policing Act 2013;

• “serious offence” means an offence which—

  (a)

  5was committed on or after the day on which this
  ground comes into force,

  (b)

  is specified, or falls within a description specified, in
  Schedule 2A to the Housing Act 1985 at the time the
  offence was committed and at the time the court is
  10considering the matter, and

  (c)

  is not an offence that is triable only summarily by
  virtue of section 22 of the Magistrates’ Courts Act
  1980 (either-way offences where value involved is
  small).”

(2) 15In section 8 of that Act (notice of proceedings for possession)—

(a) in subsection (3)(b), for “subsections (4)” there is substituted
“subsections (3A)”;

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

“(3A) If a notice under this section specifies in accordance with
20subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether
with or without other grounds), the date specified in the notice
as 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
25brought to an end by a notice to quit given by the
landlord on the same date as the date of service of the
notice under this section;

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

(c) 30in subsection (4), for “(whether with or without other grounds)” there
is substituted “(whether without other grounds or with any ground
other than Ground 7A)”;

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

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

“(4C) 35A notice under this section that specifies in accordance with
subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether
with 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
40Ground 7A, the notice must be served on the tenant within—

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

(b) if there is an appeal against the conviction, the period of
12 months beginning with the day on which the appeal
45is finally determined or abandoned.

(4E) Where the landlord proposes to rely on condition 2 in Ground
7A, 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
finally determined, abandoned or withdrawn.

(4F) Where the landlord proposes to rely on condition 4 in Ground
57A, 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) if there is an appeal against the making of the order, the
period of 3 months beginning with the day on which the
10appeal is finally determined, abandoned or
withdrawn.”;

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

Discretionary grounds: secure and assured tenancies

90 Conduct causing nuisance to landlord etc

(1) 15In 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
Ground 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,
20or a person employed (whether or not by the landlord) in
connection with the exercise of the landlord’s housing
management 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
25order 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
inserted—

“(aa) has been guilty of conduct causing or likely to cause a
nuisance or annoyance to the landlord of the dwelling-house,
30or a person employed (whether or not by the landlord) in
connection with the exercise of the landlord’s housing
management functions, and that is directly or indirectly
related to or affects those functions,”.

91 Offences connected with riot

(1) 35In 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),
after 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,
40a riot in the United Kingdom.

In this Ground, “riot” is to be construed in accordance with section 1
of 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),
5after 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
10of the Public Order Act 1986.

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

Supplemental

92 Restrictions where new possession proceedings in progress etc

(1) 15In 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) 20in 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—

• 25““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—

• 30““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—

• 35““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
  40possession 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,
under section 84A (absolute ground for possession for anti-social
5behaviour), 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) In Schedule 14 to the Localism Act 2011 (grounds on which landlord may
10refuse to surrender and grant tenancies in pursuance of a request under section
158 of that Act)—

(a) after Ground 4 there is inserted—

“Ground 4A

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

(2) 15The first condition is that—

(a) proceedings 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
20Housing Act 1985 (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 83ZA of that Act (notice requirements in
25relation to proceedings for possession on absolute
ground for anti-social behaviour), and

(b) the notice is still in force.”;

(b) after Ground 5 there is inserted—

“Ground 5A

5A (1) 30This ground is that either of the following conditions is met.

(2) The 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) 35possession is sought on ground 7A in Part 1 of
Schedule 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
40section 8 of that Act (notice of proceedings for
possession), and

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

Part 6 Local involvement and accountability

Community remedies

93 The community remedy document

(1) 5Each 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
carried out by a person who—

(a) 10has 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) For the purposes of subsection (2), an action is appropriate to be carried out by
a person only if it has one or more of the following objects—

(a) 15assisting in the person’s rehabilitation;

(b) ensuring that the person makes reparation for the behaviour or offence
in question;

(c) punishing the person.

(4) In preparing or revising the community remedy document for its area a local
20policing body must—

(a) have regard to the need promote public confidence in the out-of-court
disposal process;

(b) have regard to any guidance issued by the Secretary of State about how
local policing bodies are to discharge their functions under this section;

(c) 25carry out the necessary consultation and take account of all views
expressed by those consulted.

(5) In subsection (4)(c) “the necessary consultation” means—

(a) consultation with the chief officer of police for the area,

(b) consultation with whatever community representatives the local
30policing body thinks it appropriate to consult, and

(c) whatever other public consultation the local policing body thinks
appropriate.

(6) 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.

(7) 35Once the community remedy document, or a revised document, has been
agreed with the chief officer of police, the local policing body must publish it
in whatever way it thinks appropriate.

(8) The Secretary of State must publish any guidance issued under subsection
(4)(b).

(9) 40In this section—

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

Anti-social Behaviour, Crime and Policing BillPage 65

• “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;

• ‘“out-of-court disposal process” means the process by which a person is
  5dealt with under section 94 or by means of a conditional caution or
  youth conditional caution.

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

(1) This section applies where—

(a) a person (P) within subsection (2) has evidence that an individual (A)
10has 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
decides that it would be appropriate for A to carry out action of some
15sort 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) The persons within this subsection are—

(a) 20a 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
of the Crime and Disorder Act 1998 (youth conditional cautions).

(3) 25Before 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.

(4) If the victim expresses the view that A should carry out a particular action
30listed 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) there is more than one victim and they express different views, or

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

35P 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—

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

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

• “community remedy document” means the community remedy
  document (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;

• 45“caution”—

  Anti-social Behaviour, Crime and Policing BillPage 66

  (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
  2003;

  (b)

  in the case of a person under that age, means a youth caution or
  5youth 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
  as 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
  10affected, 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
there is inserted—

“23ZA Duty to consult victims

(1) 15Before 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
particular the victim’s views as to whether the offender should carry
out any of the actions listed in the community remedy document.

(2) 20If 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
inappropriate to do so.

(3) 25Where—

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

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

the prosecutor or authorised person must nevertheless take account of
30any 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
  document (as revised from time to time) published under
  35section 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
  principally affected, by the offence.”

(2) 40After section 66B of the Crime and Disorder Act 1998 (requirements for youth
conditional cautions) there is inserted—

“66BA Duty to consult victims

(1) Before deciding what conditions to attach to a youth conditional
caution, a relevant prosecutor or the authorised person must make
45reasonable 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
document.

(2) If the victim expresses the view that the offender should carry out a
particular action listed in the community remedy document, the
5prosecutor or authorised person must attach that as a condition unless
it 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,
10or

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

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) 15In this section—

• “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;

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

Response to complaints about anti-social behaviour

96 Review of response to complaints

(1) 25In 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
out a review of the response to that behaviour (an “ASB case review)” if—