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

In this ground—

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

• 5“serious offence” means an offence which—

  (a)

  was 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
  10offence was committed and at 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
  15small).”

(2) In 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) 20If a notice under this section specifies in accordance with
subsection (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
25which, apart from section 5(1), the tenancy could be
brought 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
30date on which the notice was served.”;

(c) in 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) 35after subsection (4B) there is inserted—

“(4C) A 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) 40Where the landlord proposes to rely on condition 1, 3 or 5 in
Ground 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
4512 months beginning with the day on which the appeal
is 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
5finally determined, abandoned or withdrawn.

(4F) Where the landlord proposes to rely on condition 4 in Ground
7A, 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) 10if 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.”;

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

15Discretionary grounds: secure and assured tenancies

90 Conduct causing nuisance to landlord etc

(1) In 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) 20has been guilty of conduct causing or likely to cause a
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 or indirectly
25related to or affects those functions,”.

(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),
in Ground 14, at the end of paragraph (a) (but before the “or”) there is
inserted—

“(aa) 30has been guilty of conduct causing or likely to cause a
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 or indirectly
35related to or affects those functions,”.

91 Offences connected with riot

(1) In 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

40The 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
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—

(a) that person, or any other person, makes an application for such a
review, and

(b) 30the relevant bodies decide that the threshold for a review is met.

(2) The relevant bodies in each local government area must—

(a) make arrangements about the carrying out of ASB case reviews by
those bodies (“review procedures”); and

(b) ensure that the current review procedures are published.

(3) 35The review procedures must include provision about the making of
applications for ASB case reviews; and, in particular, must—

(a) specify the point of contact for making applications, and

(b) ensure that applications made to that point of contact are passed on to
all the relevant bodies in the local government area.

(4) 40In a situation where—

(a) an application for an ASB case review is made, and

(b) at least three (or, if a different number is specified in the review
procedures, at least that number of) qualifying complaints have been
made about the anti-social behaviour to which the application relates,

45the relevant bodies must decide that the threshold for a review is met.

(5) In any other situation where an application for an ASB case review is made, the
question whether the threshold for a review is met must be decided by the
relevant bodies in accordance with the review procedures; and the procedures
may, in particular, include provision for this purpose which is framed by
5reference to any of these matters—

(a) the persistence of the anti-social behaviour about which the original
complaint was made;

(b) the harm caused, or the potential for harm to be caused, by that
behaviour;

(c) 10the adequacy of the response to that behaviour.

(6) After the relevant bodies have decided whether or not the threshold for a
review is met, they must inform the applicant of their decision.

(7) The relevant bodies who carry out an ASB case review may make
recommendations to a person who exercises public functions (including
15recommendations to a relevant body) in respect of any matters arising from the
review; and the person must have regard to the recommendations in exercising
public functions.

(8) The relevant bodies who carry out an ASB case review must inform the
applicant of—

(a) 20the outcome of the review, and

(b) any recommendations made in accordance with subsection (7).

(9) As soon as practicable after the end of a reporting period, the relevant bodies
in a local government area must publish information about the following
matters which relates to that period—

(a) 25the number of applications for ASB case reviews made to those bodies;

(b) the number of times those bodies decided that the threshold for a
review was not met;

(c) the number of ASB case reviews those bodies have carried out;

(d) the number of ASB case reviews carried out by those bodies that have
30resulted in recommendations being made.

(10) The question whether a complaint made about anti-social behaviour is a
“qualifying complaint” for the purposes of subsection (4) is to be determined
in accordance with subsections (11) and (12).

(11) A complaint about anti-social behaviour is a qualifying complaint if—

(a) 35the complaint is made within the period of one month (or, if a different
period is specified in the review procedures, that period) beginning
with the date on which the behaviour is alleged to have occurred; and

(b) the application for the ASB case review is made within the period of six
months (or, if a different period is specified in the review procedures,
40that period) beginning with the date on which the complaint is made.

(12) But where a person makes two or more complaints about anti-social behaviour
which meet the requirements in subsection (11), the question of which
complaint is, or which complaints are, qualifying complaints is to be decided
by the relevant bodies in accordance with the review procedures.

45The procedures may, in particular, include provision for this purpose which is
framed by reference to whether different complaints relate to different aspects
of particular anti-social behaviour (including different incidents comprised in
particular anti-social behaviour).

The procedures may, in particular, include provision for this purpose which is
50framed by reference to whether different complaints relate to different aspects
of particular anti-social behaviour (including different incidents comprised in
particular anti-social behaviour).

(13) Schedule 4 (ASB case reviews: supplementary provision) has effect.

97 ASB case reviews: interpretation

(1) This section applies for the purposes of section 96, this section and Schedule 4.

(2) In relation to England—

• 5“local government area” means an area for which there is—

  (a)

  a relevant district council, or

  (b)

  a unitary authority;

• “relevant district council” means the council of a district so far as it is not
  a unitary authority;

• 10“unitary authority” means—

  (a)

  the council of a county so far as it is the council for an area for
  which there are no district councils,

  (b)

  the council of any district comprised in an area for which there
  is no county council,

  (c)

  15a London borough council,

  (d)

  the Common Council of the City of London in its capacity as a
  local authority, or

  (e)

  the Council of the Isles of Scilly;

and, in relation to a local government area in England—

• 20“local provider of social housing” means a private registered provider of
  social housing that—

  (a)

  grants tenancies of dwelling-houses in that area, or

  (b)

  manages any house or other property in that area;

• “relevant bodies” means—

  (a)

  25the relevant district council or the unitary authority,

  (b)

  the chief officer of police for the police area which that local
  government area is within,

  (c)

  each clinical commissioning group established under section
  14V of the National Health Service Act 2006 whose area is
  30wholly or partly within that local government area, and

  (d)

  any local providers of social housing who are among the
  relevant bodies by virtue of the co-option arrangements made
  in relation to that local government area.

(3) In relation to Wales—

• 35“local government area” means—

  (a)

  a county, or

  (b)

  a county borough;

and, in relation to a local government area in Wales—

• “local provider of social housing” means a body registered as a social
  40landlord under section 3 of the Housing Act 1996 that—

  (a)

  grants tenancies of dwelling-houses in that area, or

  (b)

  manages any house or other property in that area;

• “relevant bodies” means—

  (a)

  the council for the area,

  (b)

  45the chief officer of police for the police area which that local
  government area is within,

  Anti-social Behaviour, Crime and Policing BillPage 70

  (c)

  each Local Health Board whose area is wholly or partly within
  that local government area, and

  (d)

  any local providers of social housing who are among the
  relevant bodies by virtue of the co-option arrangements made
  5in relation to that local government area.

(4) These expressions have the meanings given—

• “anti-social behaviour” means behaviour causing harassment, alarm or
  distress to members or any member of the public;

• “applicant” means a person who makes an application for an ASB case
  10review;

• “ASB case review” has the meaning given in section 96(1);

• “dwelling-house” has the same meaning as in the Housing Act 1985;

• “co-option arrangements” has the meaning given in paragraph 5 of
  Schedule 4;

• 15“reporting period”, in relation to the publication of information by the
  relevant bodies in a local government area, means a period, not
  exceeding 12 months, determined by those bodies.

Part 7 Dangerous dogs

98 20Keeping dogs under proper control

(1) The Dangerous Dogs Act 1991 is amended as follows.

(2) In section 3 (keeping dogs under proper control)—

(a) in subsection (1)—

(i) for “a public place” there is substituted “any place in England or
25Wales (whether or not a public place)”;

(ii) after “injures any person” there is inserted “or assistance dog”;

(b) after subsection (1) there is inserted—

“(1A) A person (“D”) is not guilty of an offence under subsection (1)
in a case which is a householder case.

(1B) 30For the purposes of subsection (1A) “a householder case” is a
case where—

(a) the dog is dangerously out of control while in or partly
in a building, or part of a building, that is a dwelling or
is forces accommodation (or is both), and

(b) 35at that time—

(i) the person in relation to whom the dog is
dangerously out of control (“V”) is in, or is
entering, the building or part as a trespasser, or

(ii) D (if present at that time) believed V to be in, or
40entering, the building or part as a trespasser.

Section 76(8B) to (8F) of the Criminal Justice and Immigration
Act 2008 (use of force at place of residence) apply for the
purposes of this subsection as they apply for the purposes of
subsection (8A) of that section (and for those purposes the
45reference in section 76(8D) to subsection (8A)(d) is to be read as
if it were a reference to paragraph (b)(ii) of this subsection).”;

(c) subsection (3) is repealed;

(d) in subsection (4)—

(i) the words “or (3)” are omitted;

(ii) for “either of those subsections” there is substituted “that
5subsection”;

(iii) in paragraph (b), for “two years” there is substituted “the
relevant maximum specified in subsection (4A)”;

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

“(4A) For the purposes of subsection (4)(b), the relevant maximum
10is—

(a) 14 years if a person dies as a result of being injured;

(b) 5 years in any other case where a person is injured;

(c) 3 years in any case where an assistance dog is injured
(whether or not it dies).”

(3) 15In section 4 (destruction and disqualification orders), the words “or (3)” are
omitted in both places where they occur in subsection (1).

(4) In section 4A (contingent destruction orders)—

(a) in subsection (1)(a) the words “or (3)” are omitted;

(b) in subsection (4) the words “or (3)” are omitted.

(5) 20In section 5 (seizure, entry of premises and evidence)—

(a) in subsection (1)(c), for “one” there is substituted “a dog”;

(b) after subsection (1) there is inserted—

“(1A) A constable or an officer of a local authority authorised by it to
exercise the powers conferred by this subsection may seize any
25dog in a place in England or Wales which is not a public place,
if the dog appears to the constable or officer to be dangerously
out of control.”

(6) In section 10 (interpretation)—

(a) in subsection (2), after the definition of “advertisement” there is
30inserted—

• ““assistance dog” has the meaning given by section 173(1)
  of the Equality Act 2010;”;

(b) in subsection (3)—

(i) after “injure any person” there is inserted “or assistance dog”;

(ii) 35after “injuring a person” there is inserted “or assistance dog”.

99 Whether a dog is a danger to public safety

(1) The Dangerous Dogs Act 1991 is amended as follows.

(2) In section 1 (dogs bred for fighting) after subsection (6) there is inserted—

“(6A) A scheme under subsection (3) or (5) may in particular include
40provision requiring a court to consider whether a person is a fit and
proper person to be in charge of a dog.”

(3) In section 4 (destruction and disqualification orders) after subsection (1A)

there is inserted—

“(1B) For the purposes of subsection (1A)(a), when deciding whether a dog
would constitute a danger to public safety, the court—

(a) must consider—

(i) 5the temperament of the dog and its past behaviour, and

(ii) whether the owner of the dog, or the person for the time
being in charge of it, is a fit and proper person to be in
charge of the dog, and

(b) may consider any other relevant circumstances.”

(4) 10Section 4B (destruction orders otherwise than on a conviction) is amended as
follows—

(a) in subsection (1), after “section 5(1) or (2) below” there is inserted “or in
exercise of a power of seizure conferred by any other enactment”;

(b) after subsection (2) there is inserted—

“(2A) 15For the purposes of subsection (2)(a), when deciding whether a
dog would constitute a danger to public safety, the justice or
sheriff—

(a) must consider—

(i) the temperament of the dog and its past
20behaviour, and

(ii) whether the owner of the dog, or the person for
the time being in charge of it, is a fit and proper
person to be in charge of the dog, and

(b) may consider any other relevant circumstances.”

25Part 8 Firearms

100 Offence of possessing firearm for supply etc

(1) The Firearms Act 1968 is amended as set out in subsections (2) to (8).

(2) In section 5 (which includes, in subsections (1) and (1A), offences of
30unauthorised possession etc of prohibited weapons and ammunition)—

(a) in subsection (1) the words “, or manufactures, sells or transfers” are
omitted;

(b) in subsection (1A) the words “or sells or transfers” are omitted.

(3) After subsection (2) of that section there is inserted—

“(2A) 35A person commits an offence if without authority—

(a) he manufactures any weapon or ammunition specified in
subsection (1) of this section,

(b) he sells or transfers any prohibited weapon or prohibited
ammunition,

(c) 40he has in his possession for sale or transfer any prohibited
weapon or prohibited ammunition, or

(d) he purchases or acquires for sale or transfer any prohibited
weapon or prohibited ammunition.”

(4) For subsection (3) of that section there is substituted—

“(3) In this section “authority” means an authority given in writing by—

(a) the Secretary of State (in or as regards England and Wales), or

(b) the Scottish Ministers (in or as regards Scotland).”

(5) 5In section 5A (exemptions from requirement of authority under section 5)—

(a) in subsections (1), (3), (4), (5), (6) and (7), the words “subsection (1A) of”
are omitted;

(b) in subsections (1) and (3), for “any prohibited weapon or ammunition”
there is substituted “any weapon, ammunition or missile specified in
10subsection (1A) of that section”.

(6) In section 51A (minimum sentences for certain offences), in subsection (1A),
before paragraph (a) there is inserted—

“(za) section 5(2A) (manufacture, sale or transfer of firearm, or
possession etc for sale or transfer);”.

(7) 15In Schedule 6 (prosecution and punishment of offences), in Part 1 (table of
punishments) the words “or distributing” are omitted in the entries for—

(a) section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c),

(b) section 5(1)(b),

(c) section 5(1A)(a), and

(d) 20section 5(1A)(b), (c), (d), (e), (f) or (g).

(8) In Part 1 of that Schedule, after the entry for section 5(1A)(b), (c), (d), (e), (f) or
(g) there is inserted—

(9) In section 1 of the Firearms (Amendment) Act 1997 (extension of section 5 of
the 1968 Act to prohibit certain small firearms etc), after subsection (7) there is
25inserted—

“(7A) In sections 2 to 7 below any reference to subsection (1)(aba) of section 5
of the 1968 Act shall include a reference to subsection (2A) of that
section as it applies in relation to a firearm specified in subsection
(1)(aba) of that section.

(7B) 30In section 8 below the reference to subsection (1)(aba), (b) or (c) of
section 5 of the 1968 Act shall include a reference to subsection (2A) of
that section as it applies in relation to any weapon or ammunition
specified in subsection (1)(aba), (b) or (c) of that section.”

101 Functions of Scottish Ministers under Firearms Acts

(1) 35In section 5 of the Firearms Act 1968 (weapons subject to general prohibition)—

(a) in subsections (1) and (1A), for the words between “commits an offence
if,” and “, he has in his possession” there is substituted “without
authority”;

(b) in subsection (4), for the words from the beginning to “the Scottish
5Ministers” there is substituted “An authority shall be subject to
conditions specified in it, including such as the Secretary of State or the
Scottish Ministers (as appropriate)”;

(c) in subsection (6), for the words before “revoke an authority” there is
substituted “The Secretary of State or the Scottish Ministers (as
10appropriate) may at any time, if they think fit,”.

(2) In section 5A of that Act (exemptions from requirement of authority under
section 5)—

(a) in subsections (1), (2)(a), (2)(b), (3), (4), (5), (6) and (7), for “or the
Scottish Ministers (by virtue of provision made under section 63 of the
15Scotland Act 1998)” there is substituted “or the Scottish Ministers”;

(b) in subsection (6), for the words after “without the authority of the
Secretary of State” there is substituted “or the Scottish Ministers (as
appropriate)”.

(3) In the Firearms (Amendment) Act 1997—

(a) 20in sections 2, 3, 4, 5, 6, 7(1) and 8 (exemptions from prohibition on small
firearms etc), for “The authority of the Secretary of State or the Scottish
Ministers (by virtue of provision made under section 63 of the Scotland
Act 1998)” there is substituted “The authority of the Secretary of State
or the Scottish Ministers”;

(b) 25in section 7(3), for the words “or the Scottish Ministers (by virtue of
provision made under section 63 of the Scotland Act 1998)”, in the first
place where they occur, there is substituted “or the Scottish Ministers”.

(4) In the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.)
Order 1999 (S.I. 1999/1750S.I. 1999/1750)—

(a) 30in Schedule 1, in the entry for the Firearms Act 1968, the words “5 and”
are omitted;

(b) in Schedule 5, paragraph 3 and paragraph 18(2) to (6), (7)(a) and (8) are
omitted.

102 Possession of firearms by persons previously convicted of crime

(1) 35In section 21 of the Firearms Act 1968 (possession of firearms by persons
previously convicted of crime), before subsection (3) there is inserted—

“(2C) Where—

(a) a person has been sentenced to imprisonment for a term of three
months or more, and

(b) 40the sentence is suspended under section 189 of the Criminal
Justice Act 2003,

the person shall not have a firearm or ammunition in his possession at
any time during the period of five years beginning with the second day
after the date on which the sentence is passed.”

(2) 45In section 58(2) of that Act (saving for antique firearms), for “Nothing in this
Act” there is substituted “Apart from—

“(a) section 21 and Schedule 3, and

(b) any other provision of this Act so far as it applies in relation to
an offence under section 21,

nothing in this Act”.

(3) Where—

(a) 5a person is in possession of a firearm or ammunition immediately
before the day on which subsection (1) comes into force,

(b) by reason of a sentence imposed before that day, subsection (1) would
(but for this subsection) make the person’s possession of the firearm or
ammunition subject to a prohibition under section 21 of the Firearms
10Act 1968, and

(c) the person’s possession of the firearm or ammunition immediately
before that day is authorised by a certificate within the meaning given
in section 57(4) of that Act,

the prohibition does not apply while the certificate remains in force.

103 15Increased penalty for improper importation of firearms etc

(1) The Customs and Excise Management Act 1979 is amended as follows.

(2) In section 50 (penalty for improper importation of goods), in subsection (5A)
(firearms and counterfeit currency etc), for the words after “shall have effect”
there is substituted “as if for the words “imprisonment for a term not exceeding
207 years” there were substituted the words “imprisonment for life””.

(3) In that section—

(a) in subsection (4), after “(5A),” there is inserted “(5AA),”;

(b) at the end of paragraph (a) of subsection (5A) there is inserted “or”;

(c) paragraph (c) of that subsection and the word “or” before it are omitted;

(d) 25after that subsection there is inserted—

“(5AA) In the case of an offence under subsection (2) or (3) above
committed in connection with the prohibition contained in
section 20 of the Forgery and Counterfeiting Act 1981,
subsection (4)(b) above shall have effect as if for the words
30“7 years” there were substituted the words “10 years”.”

(4) In section 170 (penalty for fraudulent evasion of duty or prohibition, etc), in
subsection (4A) (firearms and counterfeit currency etc)—

(a) in paragraph (a), for “subsection (2) or (3)” there is substituted
“subsection (1) or (2)”;

(b) 35for the words after “shall have effect” there is substituted “as if for the
words “imprisonment for a term not exceeding 7 years” there were
substituted the words “imprisonment for life””.

(5) In that section—

(a) in subsection (3), after “(4A),” there is inserted “(4AA),”;

(b) 40at the end of paragraph (a) of subsection (4A) there is inserted “or”;

(c) paragraph (c) of that subsection and the word “or” before it are omitted;

(d) after that subsection there is inserted—

“(4AA) In the case of an offence under subsection (1) or (2) above
committed in connection with the prohibitions contained in
45sections 20 and 21 of the Forgery and Counterfeiting Act 1981,

subsection (3)(b) above shall have effect as if for the words
“7 years” there were substituted the words “10 years”.”

(6) In section 68 (offences in relation to exportation of prohibited or restricted
goods), in subsection (4A) (firearms and counterfeit currency etc)—

(a) 5in paragraph (a) the words “or (3)” are omitted”;

(b) for the words after “shall have effect” there is substituted “as if for the
words “imprisonment for a term not exceeding 7 years” there were
substituted the words “imprisonment for life””.

(7) In that section—

(a) 10in subsection (3), after “(4A)” there is inserted “, (4AA)”;

(b) at the end of paragraph (a) of subsection (4A) there is inserted “or”;

(c) paragraph (c) of that subsection and the word “or” before it are omitted;

(d) after that subsection there is inserted—

“(4AA) In the case of an offence under subsection (2) above committed
15in connection with the prohibition contained in section 21 of the
Forgery and Counterfeiting Act 1981, subsection (3)(b) above
shall have effect as if for the words “7 years” there were
substituted the words “10 years”.”

104 British Transport Police: Crown status under Firearms Act 1968

(1) 20In section 54 of the Firearms Act 1968 (application to Crown servants), in
subsection (3), at the end of paragraph (d) there is inserted “, or

“(e) a member of the British Transport Police Force, or

(f) a person employed by the British Transport Police Authority
who is under the direction and control of the Chief Constable of
25the British Transport Police Force.”

(2) The following are repealed—