Anti-social Behaviour, Crime and Policing Bill (HL Bill 66)

(6) In paragraph 16—

(a) in 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
5in sub-paragraph (1)”.

(7) In paragraph 17(1)—

(a) for “An officer” there is substituted “A police officer”;

(b) after “uniformed” there is inserted “police”.

(8) In paragraph 18—

(a) 10in sub-paragraph (2), for “police station” there is substituted “place”;

(b) after sub-paragraph (2) there is inserted—

“(3) In relation to a person detained under Schedule 7 at a place
other than a police station—

(a) sub-paragraph (2), and

(b) 15section 15(4) of the Criminal Procedure (Scotland)
Act 1995 as applied by that sub-paragraph,

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

Biometrics

6 (1) 20Paragraph 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
person 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”.

25Review 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) 30after “treatment” there is inserted “and review of detention”.

(3) In 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) 35A person’s detention under Schedule 7 must be periodically
reviewed by a review officer at such intervals as may be specified
in, and otherwise in accordance with, the code of practice.

(3) The review officer may authorise a person’s continued detention
under Schedule 7 only if satisfied that it is necessary for the
purposes of exercising a power under paragraph 2 or 3 of that
Schedule.

(4) 5If 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
not been directly involved in questioning the detained person
10under 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) where the examining officer is an immigration officer, an
15immigration 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) The code of practice must include provision about training to be
20undertaken by persons who are to act as review officers.”

Section 142

SCHEDULE 9 Powers of community support officers

Introduction

1 Part 1 of Schedule 4 to the Police Reform Act 2002 (powers of community
25support officers) is amended as follows.

Additional powers to issue fixed penalty notices

2 (1) In paragraph 1 (powers to issue fixed penalty notices), in sub-paragraph
(2)(b), for the words after “in respect of an offence” there is substituted
“listed in sub-paragraph (2B)”.

(2) 30In sub-paragraph (2) of that paragraph, after paragraph (ca) there is
inserted—

“(cb) the power of an authorised officer of a borough council to
give a notice under section 15 of the London Local
Authorities Act 2004 in respect of an offence under section
3538(1) of the London Local Authorities Act 1990 or section
27(1) of the City of Westminster Act 1999 (unlicensed street
trading);”.

(3) After sub-paragraph (2A) of that paragraph there is inserted—

“(2B) The offences referred to in sub-paragraph (2)(b) are—

(a) 40an offence under section 72 of the Highway Act 1835
(riding on a footway) committed by cycling;

(b) an offence under section 5(1) or 8(1) of the Road Traffic
Regulation Act 1984 involving a contravention of a
prohibition or restriction that relates to—

(i) stopping, waiting or parking at or near a school
5entrance,

(ii) one-way traffic on a road, or

(iii) lanes or routes for use only by cycles, only by buses
or only by cycles and buses;

(c) an offence under section 24 of the Road Traffic Act 1988
10(more than one person on a one-person bicycle);

(d) an offence under section 35 of that Act (failing to comply
with traffic directions) committed by the rider of a cycle;

(e) an offence under section 36 of that Act (failing to comply
with traffic signs) committed by the rider of a cycle who
15fails to comply with the indication given by a red traffic
light;

(f) an offence under section 42 of that Act of contravening or
failing to comply with a construction or use requirement
about—

(i) 20lighting equipment or reflectors for cycles,

(ii) the use on a road of a motor vehicle in a way that
causes excessive noise,

(iii) stopping the action of a stationary vehicle’s
machinery,

(iv) 25the use of a vehicle’s horn on a road while the
vehicle is stationary or on a restricted road at night,
or

(v) opening a vehicle’s door on a road so as to injure or
endanger a person;

(g) 30an offence under section 163 of that Act (failing to stop
vehicle or cycle when required to do so by constable or
traffic officer).”

(4) After sub-paragraph (4) of that paragraph there is inserted—

“(5) In this paragraph “cycle” has the same meaning as in the Road
35Traffic Act 1988 (see section 192(1) of that Act).”

Powers to issue fixed penalty notices: consultation with local authorities

3 In paragraph 1, after sub-paragraph (2B) (inserted by paragraph 2(3) above)
there is inserted—

“(2C) Before a chief officer of police makes a designation applying this
40paragraph to any person and specifying or describing an offence
listed in sub-paragraph (2B)(b)(i), the officer shall consult every
local authority any part of whose area lies within the officer’s
police area.

(2D) In paragraph (2C) “local authority” means—

(a) 45in relation to England, a district council, a London borough
council, the Common Council of the City of London or the
Council of the Isles of Scilly; and

(b) in relation to Wales, a county council or a county borough
council.”

General power of seizure

4 After paragraph 2A there is inserted—

5“General power of seizure

2B Where a designation applies this paragraph to any person—

(a) that person shall, when lawfully on any premises in the
relevant police area, have the same powers as a constable
under section 19 of the 1984 Act (general powers of
10seizure) to seize things;

(b) that person shall also have the powers of a constable to
impose a requirement by virtue of subsection (4) of that
section in relation to information accessible from such
premises;

(c) 15subsection (6) of that section (protection for legally
privileged material from seizure) shall have effect in
relation to the seizure of anything by that person by virtue
of sub-paragraph (a) as it has effect in relation to the
seizure of anything by a constable;

(d) 20section 21(1) and (2) of that Act (provision of record of
seizure) shall have effect in relation to the seizure of
anything by that person in exercise of the power conferred
on him by virtue of sub-paragraph (a) as if the references
to a constable and to an officer included references to that
25person; and

(e) sections 21(3) to (8) and 22 of that Act (access, copying and
retention) shall have effect in relation to anything seized by
that person in exercise of that power or taken away by him
following the imposition of a requirement by virtue of sub-
30paragraph (b)—

(i) as they have effect in relation to anything seized in
exercise of the power conferred on a constable by
section 19(2) or (3) of that Act or taken away by a
constable following the imposition of a
35requirement by virtue of section 19(4) of that Act;
and

(ii) as if the references to a constable in subsections (3),
(4) and (5) of section 21 included references to a
person to whom this paragraph applies.”

40Powers with regard to charity collectors

5 After paragraph 3A there is inserted—

“Power to require name and address etc: charity collectors

3B Where a designation applies this paragraph to any person, that
person shall, in the relevant police area, have the powers of a
45constable—

(a) under section 6 of the House to House Collections Act 1939
to require a person to give his name and address and to
sign his name; and

(b) under regulations under section 4 of that Act to require a
5person to produce his certificate of authority.”

Power to stop cycles

6 In paragraph 11A (power to stop cycles), in sub-paragraph (2), for the words
after “has committed an offence” there is substituted “listed in paragraph
1(2B)(a) to (e), (f)(i) or (g)”.

Section 166

10SCHEDULE 10 Minor and consequential amendments

Part 1 Amendments relating to Parts 1 to 6

Magistrates’ Courts Act 1980 (c. 43)Magistrates’ Courts Act 1980 (c. 43)

1 15In 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
association and housing trust tenancies under Rent Act 1977), in paragraph
205, 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.

Police and Criminal Evidence Act 1984 (c. 60)Police and Criminal Evidence Act 1984 (c. 60)

4 25In 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.”

Prosecution of Offences Act 1985 (c. 23)Prosecution of Offences Act 1985 (c. 23)

5 (1) 30In 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
2013 (criminal behaviour orders made on conviction)”.

(3) 35In 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) for “section 1C” there is substituted “section 21”.

(4) 5In 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.

Housing Act 1985 (c. 68)Housing Act 1985 (c. 68)

6 (1) 10Section 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
15particular identified person) and that directly or
indirectly relates to or affects the landlord’s housing
management functions, or

(ii) conduct that consists of or involves using housing
accommodation owned or managed by the landlord
20for an unlawful purpose, and”.

(3) For 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
25the accommodation or usually enjoyed with it;

(c) any 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) 30In the heading, after “termination:” there is inserted “general”.

(3) Before subsection (1) there is inserted—

“(A1) This section applies in relation to proceedings for an order
mentioned in section 82(1A) other than—

(a) proceedings for possession of a dwelling-house under
35section 84A (absolute ground for possession for anti-social
behaviour), including proceedings where possession is also
sought on one or more of the grounds set out in Schedule 2, or

(b) proceedings for possession of a dwelling-house under
section 107D (recovery of possession on expiry of flexible
40tenancy).”

(4) In subsection (1), for the words from “proceedings for” to “tenancy),” there
is substituted “proceedings to which this section applies”.

8 (1) Section 83A of that Act (additional requirements in relation to certain
proceedings for possession) is amended as follows.

(2) In subsection (2)(a), after “83” there is inserted “or 83ZA”.

(3) In subsection (2)(b), for “subsection (4)(a) of that section” there is substituted
“section 83(4)(a) or section 83ZA(9)(a)”.

(4) In subsection (3)(a), after “83” there is inserted “or 83ZA”.

(5) 5In subsection (4)(a), after “83” there is inserted “or 83ZA”.

(6) In subsection (5)—

(a) for “the notice” there is substituted “a notice”;

(b) after “83” there is inserted “or a notice is served under section 83ZA”.

9 (1) Section 84 of that Act (grounds and orders for possession) is amended as
10follows.

(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) 15after “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-
20social 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) 25conduct that is capable of causing nuisance or
annoyance to some person (who need not be a
particular identified person) and that directly or
indirectly relates to or affects the landlord’s housing
management functions, or

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

(3) In subsection (7)(a), for sub-paragraphs (i) and (ii) there is substituted—

“(i) conduct that is capable of causing nuisance or
35annoyance 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
40accommodation 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) any yard, garden, outhouses and appurtenances belonging to
the accommodation or usually enjoyed with it;

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

12 (1) 5In Schedule 1 to that Act (tenancies which are not secure tenancies),
paragraph 4ZA (family intervention tenancies) is amended as follows.

(2) In sub-paragraph (3)(a)—

(a) in the opening words, for “possession order under section 84” there
is substituted “relevant possession order”;

(b) 10in sub-paragraph (i) the words “, on ground 2 or 2A of Part 1 of
Schedule 2” are omitted.

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

• ““relevant possession order” means—

  (a)

  15a possession order under section 84 that is made on
  ground 2, 2ZA or 2A of Part 1 of Schedule 2, or

  (b)

  a possession order under section 84A;”.

13 In Part 5 of Schedule 2 to that Act (approval of redevelopment schemes for
purposes of Ground 10A), in paragraph 5(3), after “83” there is inserted “or
2083ZA”.

14 In Schedule 3 to that Act (grounds for withholding consent to assignment by
way of exchange), in Ground 2, after “83” there is inserted “or 83ZA”.

15 (1) In that Schedule, Ground 2A is amended as follows.

(2) In paragraph (a), for “or suspended Ground 2 or 14 possession order” there
25is substituted “, a suspended anti-social behaviour possession order or a
suspended riot-related possession order”.

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

(4) 30In the definition of “relevant order”—

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

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

(c) 35at the end there is inserted—

• “an injunction under section 1 of the Anti-social
  Behaviour, Crime and Policing Act 2013;

• an order under section 21 of that Act.”

(5) After the definition of “relevant order” there is inserted—

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

(6) After the definition of “demotion order” there is inserted—

• “A “riot-related possession order” means an order for
  45possession under Ground 2ZA in Schedule 2 to this Act or
  Ground 14ZA in Schedule 2 to the Housing Act 1988.”

(7) The definition of a “Ground 2 or 14 possession order” is omitted.

16 After Ground 2A in that Schedule there is inserted—

“Ground 2B

The dwelling-house is subject to a closure notice or closure order
under Chapter 3 of Part 4 of the Anti-social Behaviour, Crime and
5Policing Act 2013.”

Housing Act 1988 (c. 50)Housing Act 1988 (c. 50)

17 (1) Section 6A of the Housing Act 1988 (demotion because of anti-social
behaviour) is amended as follows.

(2) In subsection (4), for paragraph (a) there is substituted—

“(a) 10that the tenant or a person residing in or visiting the
dwelling-house has engaged or has threatened to engage
in—

(i) conduct that is capable of causing nuisance or
annoyance to some person (who need not be a
15particular identified person) and that directly or
indirectly relates to or affects the landlord’s housing
management functions, or

(ii) conduct that consists of or involves using housing
accommodation owned or managed by the landlord
20for an unlawful purpose, and”.

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

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

(a) flats, lodging-houses and hostels;

(b) any yard, garden, outhouses and appurtenances belonging to
25the accommodation or usually enjoyed with it;

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

18 (1) Section 7 of that Act (orders for possession) is amended as follows.

(2) In subsection (3), after “below” there is inserted “(and to any available
30defence 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) In subsection (6)(a), after “Ground 2” there is inserted “, Ground 7A”.

19 In the heading of section 9A of that Act (proceedings for possession: anti-
35social behaviour) after “possession” there is inserted “on non-absolute
grounds”.

20 In Schedule 1 to that Act (tenancies which cannot be assured tenancies), in
paragraph 12ZA (family intervention tenancies), in sub-paragraph (3)(a)(i),
for “ground 14” there is substituted “ground 7A of Part 1 of Schedule 2 or
40ground 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
abatement notices, litter clearing notices and street litter control notices) are
repealed.

5Housing 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 In section 218A of that Act (anti-social behaviour: landlords’ policies and
procedures), for subsections (8) and (8A) there is substituted—

“(8) 10Anti-social behaviour is—

(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) 15conduct 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) 20sections 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) 25In 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
30applies (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
35follows.

(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
40injunction 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”.