Anti-social Behaviour, Crime and Policing Bill (HL Bill 78)

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

(6) 5In 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
follows.

(2) 10In 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) after “83” there is inserted “or 83ZA”;

(b) 15for “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-
social behaviour) after “possession” there is inserted “on non-absolute
20grounds”.

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) conduct that is capable of causing nuisance or
25annoyance 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
30accommodation 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
annoyance to some person (who need not be a
35particular 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
40for 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
45the accommodation or usually enjoyed with it;

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

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

(2) 5In sub-paragraph (3)(a)—

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

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

(3) 10In sub-paragraph (12), after the definition of “the new tenant” there is
inserted—

• ““relevant possession order” means—

  (a)

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

  (b)

  15a 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
83ZA”.

14 In Schedule 3 to that Act (grounds for withholding consent to assignment by
20way 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
is substituted “, a suspended anti-social behaviour possession order or a
suspended riot-related possession order”.

(3) 25In 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) In the definition of “relevant order”—

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

(b) 30in 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) at the end there is inserted—

• “an injunction under section 1 of the Anti-social
  35Behaviour, Crime and Policing Act 2014;

• an order under section 21 of that Act.”

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

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

(7) 45The 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
Policing Act 2014.”

5Housing 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) that the tenant or a person residing in or visiting the
10dwelling-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
particular identified person) and that directly or
15indirectly 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
for an unlawful purpose, and”.

(3) 20After 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
the accommodation or usually enjoyed with it;

(c) 25any 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
defence based on the tenant’s Convention rights, within the meaning of the
30Human 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-
social behaviour) after “possession” there is inserted “on non-absolute
35grounds”.

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
ground 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 2014, 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 2014 is granted or an order is made under section 21 of
that Act”;

(b) after “which” there is inserted “grants the injunction or”.

(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 2014
(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 79

of the Anti-social Behaviour, Crime and Policing Act 2014, or the Crown
Court has made a closure order on appeal under section 83 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 79(9) or
583(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 79 or 83 of the Anti-social
Behaviour, Crime and Policing Act 2014”.

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 79(9) or 83(7) of the Anti-social Behaviour, Crime and
Policing Act 2014 (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 2014, 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 2014.”

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 2014.”

(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—