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

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 prohibitions 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;

(b) may make different provision for different purposes;

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

(13) A statutory instrument containing an order under subsection (10) or
15(11) may not be made unless a draft of the instrument has been laid
before and approved by a resolution of—

(a) each House of Parliament (in the case of an order of the
Secretary of State), or

(b) the National Assembly for Wales (in the case of an order of the
20Welsh Ministers).”

(2) After 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
25termination: notice requirements) there is inserted—

“83ZA 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
30anti-social behaviour), including proceedings where possession is also
sought 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) 35state that the court will be asked to make an order under section
84A 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) 40inform the tenant of any right that the tenant may have under
section 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
order, and

(b) give particulars of that ground.

(5) A notice which states that the landlord proposes to rely upon condition
51, 3 or 5 in section 84A—

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

(b) must be served on the tenant within—

(i) the period of 12 months beginning with the day of the
10conviction, or

(ii) if there is an appeal against the conviction, the period of
12 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
152 in section 84A—

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

(b) must be served on the tenant within—

(i) the period of 12 months beginning with the day on
20which the court has made the finding, or

(ii) 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.

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

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

(b) must 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) 30if there is an appeal against the making of the order, the
period of 3 months beginning with the day on which the
appeal 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,
35the tenant should take it immediately to a Citizens’ Advice Bureau, a
housing aid centre, a law centre or a solicitor.

(9) The notice—

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

(b) 40ceases to be in force 12 months after the date so specified.

(10) The date specified in accordance with subsection (9)(a) must not be
earlier 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
45quit given by the landlord on the same day as the notice under
this section;

(b) in 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 5Review requirements for new ground

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

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

(1) 10A 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
the landlord belongs to—

(a) a local housing authority, or

(b) a housing action trust.

(2) 15Such 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
is served.

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

(4) 20The landlord must notify the tenant in writing of the decision on the
review.

(5) If 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
25specified in the notice under section 83ZA as the day after which
proceedings for the possession of the dwelling-house may be begun.

(7) The 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) 30The Welsh Ministers 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 Wales.

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

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

(b) as to the circumstances in which the person concerned is
entitled to an oral hearing, and whether and by whom the
40person may be represented at such a hearing.

(10) Regulations under this section—

(a) may 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,
5is subject to annulment in pursuance of a resolution of
the National Assembly for Wales.”

Absolute ground for possession: assured tenancies

89 Corresponding new ground and notice requirements for assured tenancies

(1) In Part 1 of Schedule 2 to the Housing Act 1988 (assured tenancies: grounds on
10which court must order possession), after ground 7 there is inserted—

“Ground 7A

Any of the following conditions is met.

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) 15the serious offence—

(i) was 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
20housing accommodation in the locality of, the
dwelling-house, 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
25the landlord’s housing management functions, and
directly or indirectly related to or affected those
functions.

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
30breached 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,
and—

(a) the breach occurred in, or in the locality of, the dwelling-
35house, or

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

(i) conduct that is capable of causing nuisance or
annoyance to a person with a right (of whatever
40description) to reside in, or occupy housing
accommodation in the locality of, the dwelling-house,
or

(ii) conduct that is capable of causing nuisance or
annoyance to the landlord of the dwelling-house, or a
45person 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.

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
5the 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
involved—

(a) a breach that occurred in, or in the locality of, the dwelling-
10house, 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
15description) to reside in, or occupy housing
accommodation in the locality of, the dwelling-house,
or

(ii) behaviour that causes or is likely to cause harassment,
alarm or distress to the landlord of the dwelling-
20house, 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.

25Condition 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) access to the dwelling-house has been prohibited (under the
30closure order or under a closure notice issued under section
69 of that Act) for a continuous period of more than 48 hours.

Condition 5 is that—

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

(i) 35section 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
statutory nuisance etc.), and

(b) 40the 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).

45Condition 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,
50finding or order being overturned.