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

(4) In subsection (2)—

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(5) 5Subsection (2AA) is repealed.

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

(2) In subsection (1)—

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

(b) 10paragraph (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 15In 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 20Sections 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consumption in designated public places) are repealed.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
25words 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
30support 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.

35Licensing 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premises) are repealed.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) 40In 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”
there is substituted “accordingly received a notice under section 73(9) or
577(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
order mentioned in subsection (1)(a) and any relevant representations;”.

36 10In 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 15Section 169 of that Act (enforcement of closure order) is repealed.

38 (1) Section 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) 20Paragraph (b) of subsection (2) is omitted.

39 (1) Section 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) 25in the definition of “appropriate person” the word “relevant” is
omitted;

(b) the definitions of “closure order”, “extension”, “relevant magistrates’
court”, “relevant premises”, “responsible senior police officer” and
“senior police officer” are omitted.

40 30In Schedule 3 to that Act (matters to be entered in licensing register), for the
words 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 35The following provisions of the Anti-social Behaviour Act 2003 are
repealed—

(a) Part 1 (closure of premises where drugs used unlawfully);

(b) Part 1A (closure of premises associated with persistent disorder or
nuisance);

(c) 40Part 4 (dispersal of groups etc);

(d) sections 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
Act 2005 are repealed.

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

43 5In 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
behaviour 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 10The following provisions of the Violent Crime Reduction Act 2006 (which
relate to drinking banning orders) are repealed—

(a) sections 1 to 7;

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

(c) sections 9 to 14.

45 15Section 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 Sections 40 and 41 of the Crime and Security Act 2010 (anti-social behaviour
orders: report on family circumstances and parenting orders on breach) are
20repealed.

Localism Act 2011 (c. 20)2011 (c. 20)

47 (1) In Schedule 14 to the Localism Act 2011 (grounds on which landlord may
refuse to surrender and grant tenancies under section 158 of that Act),
paragraph 6 (Ground 6) is amended as follows.

(2) 25In 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) In 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
30possession order”.

(4) In sub-paragraph (4), in the definition of “relevant order”—

(a) the word “or” before paragraph (e) is omitted;

(b) in paragraph (e), after “section 91 of the Anti-social Behaviour Act
2003” there is inserted “or section 27 of the Police and Justice Act
352006”;

(c) at the end there is inserted—

“(f) an injunction under section 1 of the Anti-social
Behaviour, Crime and Policing Act 2013, or

(g) an order under section 21 of that Act;”.

(5) 40After the definition of “relevant order” in that sub-paragraph there is

inserted—

• “An “anti-social behaviour possession order” means an order
  for possession under Ground 2 in Schedule 2 to the Housing
  Act 1985 or Ground 14 in Schedule 2 to the Housing Act
  51988.”

(6) After the definition of “demotion order” in that sub-paragraph there is
inserted—

• “A “riot-related possession order” means an order for
  possession under Ground 2ZA in Schedule 2 to the Housing
  10Act 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—

15“Ground 6A

6A This 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) 20Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act
2012 (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
251 of the Anti-social Behaviour, Crime and Policing Act 2013.”

(3) In 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 30The 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) 15After 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) 20the 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) 25if 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) the date of that order;

(iii) 30the 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) After paragraph (i) of that subsection there is inserted—

“(ia) 35if 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) the period for which the prohibitions have effect by
40virtue 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
the Sexual Offences Act 2003, is in effect in respect of the
45applicant—

(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
section 122E(4) of that Act;

(iv) 5details 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) After paragraph (f) of subsection (2) there is inserted—

“(fa) 10if 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) the date of that order;

(iii) 15the 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
20section 103F 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) the period for which that order has effect by virtue of
25section 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) After paragraph (i) of that subsection there is inserted—

“(ia) if a sexual risk order, made under section 122A of the Sexual
30Offences 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 the prohibitions have effect by
virtue of section 122A(7) or 122C(1) of that Act;

(iv) 35details 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
the Sexual Offences Act 2003, is in effect in respect of the
applicant—

(i) 40the prohibitions described in that order;

(ii) the date of that order;

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

(iv) details as to whether the order has been varied or
45renewed 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
as follows.

(2) For “sexual offences prevention order” there is substituted “sexual harm
5prevention order”—

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

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

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

“(9) In this section “sexual harm prevention order” means an order under
10section 103A of the Sexual Offences Act 2003 (sexual harm
prevention orders).”

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

56 In section 88 of the Sexual Offences Act 2003 (section 87: interpretation), in
subsection (4)(c), after “interim notification order,” there is inserted “sexual
15harm 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
harm prevention order, interim sexual harm prevention order,”.

58 In section 91A of that Act (review of indefinite notification requirements:
20qualifying 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 In the cross-heading before section 104 of that Act (sexual offences
prevention orders: application and grounds), after “orders” there is inserted
25“(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 In section 109 of that Act (interim SOPOs), in subsection (7)(a) the words “2A
or” and “England and Wales or” are omitted.

62 (1) 30Section 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
interim SOPOs: Northern Ireland”.

(3) In subsections (1)(c), (2) and (3)(b), for “the Crown Court” there is
35substituted “a county court”.

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

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

“(5) Any order made by a county court on an appeal under subsection
40(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

order 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) 5In the heading, at the end there is inserted “etc”.

(3) In 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—

“(1ZA) A person commits an offence if, without reasonable excuse, he
10contravenes a prohibition imposed by—

(a) a 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:
15applications and grounds), after “orders” there is inserted “(Scotland and
Northern Ireland)”.

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

(2) For the heading there is substituted “Surrender of passports: Northern
20Ireland”.

(3) In subsection (2), after “at a police station” there is inserted “in Northern
Ireland”.

(4) In subsection (3), at the end there is inserted “(unless the person is subject to
an equivalent prohibition under another order)”.

66 25In section 117B of that Act (surrender of passports: Scotland), at the end of
subsection (3) there is inserted “(unless the person is subject to an equivalent
prohibition under another order)”.

67 (1) Section 119 of that Act (foreign travel orders: appeals) is amended as follows.

(2) For the heading there is substituted “Appeals in relation to foreign travel
30orders: Northern Ireland”.

(3) In subsection (1), for “the Crown Court” there is substituted “a county
court”.

(4) In subsection (2), for “the Crown Court” there is substituted “the county
court”.

(5) 35For subsection (3) there is substituted—

“(3) Any order made by a county court on an appeal under subsection
(1)(a) (other than an order directing that an application be re-heard
by a court of summary jurisdiction) is for the purposes of section
118(5) to be treated as if it were an order of the court from which the
40appeal was brought (and not an order of the county court).”

68 (1) Section 122 (offence: breach of foreign travel order) is amended as follows.

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

(3) In subsection (1)—

(a) for “excuse, he” there is substituted “excuse—

“(a) he”;

(b) at the end there is inserted “, or

“(b) 5he contravenes a prohibition on foreign travel
imposed by a sexual harm prevention order.”

(4) In subsection (1B)(a) the words “England and Wales and” are omitted.

69 In the cross-heading before section 123 of that Act, after “orders” there is
inserted “(Northern Ireland)”.

70 (1) 10Section 123 of that Act (risk of sexual harm orders: application, grounds and
effect) is amended as follows.

(2) In subsection (1)—

(a) for “A chief officer of police” there is substituted “The Chief
Constable of the Police Service of Northern Ireland”;

(b) 15for “a magistrates’ court” there is substituted “a court of summary
jurisdiction”;

(c) for “his police area” (in both places) there is substituted “Northern
Ireland”;

(d) for “the chief officer” (in both places) there is substituted “the Chief
20Constable”.

(3) Subsection (2) is repealed.

71 (1) Section 125 (RSHOs: variation, renewals and discharges) is amended as
follows.

(2) In subsection (2), for paragraphs (b) to (d) there is substituted—

“(b) 25the Chief Constable of the Police Service of Northern
Ireland.”

(3) In subsection (3), for “and (if they wish to be heard) the other persons
mentioned in subsection (2)” there is substituted “, and the other person
mentioned in subsection (2) (if that person wishes to be heard)”.

(4) 30In subsection (5), for the words after “without the consent of the defendant
and” there is substituted “the Chief Constable of the Police Service of
Northern Ireland”.

(5) In subsection (7), for paragraphs (b) and (c) there is substituted—

“(b) a court of summary jurisdiction for the petty sessions district
35which includes the area where the defendant resides;

(c) where the application is made by the Chief Constable of the
Police Service of Northern Ireland, any court of summary
jurisdiction.”

72 In section 126 (interim RSHOs), in subsection (2)(b), for “the person who has
40made that application” there is substituted “the Chief Constable of the Police
Service of Northern Ireland”.

73 (1) Section 127 (RSHOs and interim RSHOs) is amended as follows.

(2) In subsection (1), for “the Crown Court” there is substituted “a county
court”.