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

(a) the authority mentioned in that subsection;

(b) the persons mentioned in subsection (2)(c) and (d) (other than the
complainant).

(7) The magistrates’ court may not make an order discharging the closure order
5unless satisfied that the closure order is no longer necessary to prevent the
occurrence, recurrence or continuance of—

(a) disorderly, offensive or criminal behaviour on the premises,

(b) serious nuisance to members of the public resulting from the use of the
premises, or

(c) 10disorder near the premises associated with the use of the premises.

Appeals

83 Appeals

(1) An appeal against a decision to make or extend a closure order may be made
by—

(a) 15a person on whom the closure notice was served under section 78;

(b) anyone else who has an interest in the premises but on whom the
closure notice was not served.

(2) A constable may appeal against—

(a) a decision not to make a closure order applied for by a constable;

(b) 20a decision not to extend a closure order made on the application of a
constable;

(c) a decision (under section 80) not to order the continuation in force of a
closure notice issued by a constable.

(3) A local authority may appeal against—

(a) 25a decision not to make a closure order applied for by that authority;

(b) a decision not to extend a closure order made on the application of that
authority;

(c) a decision (under section 80) not to order the continuation in force of a
closure notice issued by that authority.

(4) 30An appeal under this section is to the Crown Court.

(5) An appeal under this section must be made within the period of 21 days
beginning with the date of the decision to which it relates.

(6) On an appeal under this section the Crown Court may make whatever order it
thinks appropriate.

(7) 35The Crown Court must notify the relevant licensing authority if it makes a
closure order in relation to premises in respect of which a premises licence is in
force.

Enforcement

84 Enforcement of closure orders

(1) 40An authorised person may—

(a) enter premises in respect of which a closure order is in force;

(b) do anything necessary to secure the premises against entry.

(2) In this section “authorised person”—

(a) in relation to a closure order made on the application of a constable,
means a constable or a person authorised by the chief officer of police
5for the area in which the premises are situated;

(b) in relation to a closure order made on the application of a local
authority, means a person authorised by that authority.

(3) A person acting under subsection (1) may use reasonable force.

(4) A person seeking to enter premises under subsection (1) must, if required to do
10so by or on behalf of the owner, occupier or other person in charge of the
premises, produce evidence of his or her identity and authority before entering
the premises.

(5) An authorised person may also enter premises in respect of which a closure
order is in force to carry out essential maintenance or repairs to the premises.

85 15Offences

(1) A person who without reasonable excuse remains on or enters premises in
contravention of a closure notice (including a notice continued in force under
section 80) commits an offence.

(2) A person who without reasonable excuse remains on or enters premises in
20contravention of a closure order commits an offence.

(3) A person who without reasonable excuse obstructs a person acting under
section 78 or 84(1) commits an offence.

(4) A person guilty of an offence under subsection (1) or (3) is liable on summary
conviction—

(a) 25to imprisonment for a period not exceeding 3 months, or

(b) to a fine,

or to both.

(5) A person guilty of an offence under subsection (2) is liable on summary
conviction—

(a) 30to imprisonment for a period not exceeding 51 weeks, or

(b) to a fine,

or to both.

(6) In relation to an offence committed before the commencement of section 281(5)
of the Criminal Justice Act 2003, the reference in subsection (5)(a) to 51 weeks
35is to be read as a reference to 6 months.

Supplemental

86 Access to other premises

(1) Where—

(a) access to premises is prohibited or restricted by, or as a result of, an
40order under section 79, 80, 81 or 83,

(b) those premises are part of a building or structure, and

(c) there is another part of that building or structure that is not subject to
the prohibition or restriction,

an occupier or owner of that other part may apply to the appropriate court for
an order under this section.

(2) 5The appropriate court is—

(a) the magistrates’ court, in the case of an order under section 79, 80 or 81;

(b) the Crown Court, in the case of an order under section 83.

(3) Notice of an application under this section must be given to—

(a) whatever constable the court thinks appropriate;

(b) 10the local authority;

(c) a person on whom the closure notice was served under section 78;

(d) anyone else who has an interest in the premises but on whom the
closure notice was not served.

(4) On an application under this section the court may make whatever order it
15thinks appropriate in relation to access to any part of the building or structure
mentioned in subsection (1).

It does not matter whether provision has been made under section 79(8)(b).

It does not matter whether provision has been made under section 79(8)(b).

87 Reimbursement of costs

(1) 20A local policing body or a local authority that incurs expenditure for the
purpose of clearing, securing or maintaining premises in respect of which a
closure order is in force may apply to the court that made the order for an order
under this section.

(2) On an application under this section the court may make whatever order it
25thinks appropriate for the reimbursement (in full or in part) by the owner or
occupier of the premises of the expenditure mentioned in subsection (1).

(3) An application for an order under this section may not be heard unless it is
made before the end of the period of 3 months starting with the day on which
the closure order ceases to have effect.

(4) 30An order under this section may be made only against a person who has been
served with the application for the order.

(5) An application under this section must also be served on—

(a) the local policing body for the area in which the premises are situated,
if the application is made by a local authority;

(b) 35the local authority, if the application is made by a local policing body.

88 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) 40the 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) the 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
5in bad faith.

(4) Subsections (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
10common law or otherwise).

89 Compensation

(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) 15the magistrates’ court that considered the application for a closure
order (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 83.

(3) An application under this section may not be heard unless it is made before the
20end of the period of 3 months starting with whichever of the following is
applicable—

(a) the day on which the closure notice was cancelled under section 77;

(b) the day on which a closure order was refused;

(c) the day on which the closure order ceased to have effect.

(4) 25For the purposes of subsection (3)(b) the day on which a closure order was
refused 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
30decision not to make a closure order.

(5) On 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
35issued 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) 40that 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.

90 Guidance

(1) The Secretary of State may issue—

(a) guidance to chief officers of police about the exercise, by officers under
their direction or control, of those officers’ functions under this
5Chapter;

(b) guidance to local authorities about the exercise of their functions under
this Chapter and those of their representatives (within the meaning of
section 78).

(2) The Secretary of State may revise any guidance issued under this section.

(3) 10The Secretary of State must arrange for any guidance issued or revised under
this section to be published.

91 Interpretation of Chapter 3

(1) In this Chapter—

• “cancellation notice” has the meaning given by section 77(2);

• 15“criminal behaviour” means behaviour that constitutes a criminal offence;

• “extension notice” has the meaning given by section 76(5);

• “local authority” means—

  (a)

  in relation to England, a district council, a county council for an
  area for which there is no district council, a London borough
  20council, 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
  council;

• “offensive behaviour” means behaviour by a person that causes or is
  25likely 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)

  a person (other than a mortgagee not in possession) entitled to
  dispose of the fee simple of the premises, whether in possession
  30or 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
  less then 3 years;

• “premises” includes—

  (a)

  35any 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
  Act 2003;

• “relevant licensing authority” has the meaning given by section 12 of that
  40Act;

• “variation notice” has the meaning given by section 77(3).

(2) A reference in this Chapter to “the local authority”, in relation to any premises
or 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
45premises 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
relates.

92 Saving and transitional provision

(1) 5The 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) any such notice issued or order made before the commencement day;

(b) anything done in connection with any such notice or order.

(2) 10The 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) The orders are—

(a) an order made under section 2 of the Anti-social Behaviour Act 2003;

(b) 15an 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) an 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
20things that—

(a) happened before the commencement day, and

(b) would have given rise to the power to issue one of the notices specified
in 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
25that—

(a) happened before the commencement day, and

(b) would have given rise to the power to make an order specified in
subsection (3)(a), (b) or (e).

(6) Subsections (4) and (5) apply only during the period of 3 months beginning
30with the commencement day.

(7) In this section “commencement day” means the day on which this Chapter
comes into force.

Part 5 Recovery of possession of dwelling-houses: anti-social behaviour grounds

35Absolute ground for possession: secure tenancies

93 New ground for serious offences or breach of prohibitions etc

(1) After section 84 of the Housing Act 1985 (secure tenancies: grounds and orders

for 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
5secure 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).

This is subject to subsection (2) (and to any available defence based on
10the 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
possession).

(3) 15Condition 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) was committed (wholly or partly) in, or in the locality of,
20the 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-
house, or

(iii) 25was 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
or indirectly related to or affected those functions.

(4) 30Condition 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 2014, other than a provision
requiring a person to participate in a particular activity, and—

(a) 35the 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) conduct that is capable of causing nuisance or
40annoyance 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
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.

(5) Condition 3 is that the tenant, or a person residing in or visiting the
50dwelling-house, has been convicted of an offence under section 29 of
the Anti-social Behaviour, Crime and Policing Act 2014 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-
house, or

(b) 5a 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
10accommodation 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-house,
or a person employed (whether or not by the landlord)
in connection with the exercise of the landlord’s housing
15management functions, and that is directly or indirectly
related 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 79 of the Anti-social Behaviour, Crime and
20Policing Act 2014, and

(b) access to the dwelling-house has been prohibited (under the
closure order or under a closure notice issued under section 75
of that Act) for a continuous period of more than 48 hours.

(7) Condition 5 is that—

(a) 25the tenant, or a person residing in or visiting the dwelling-
house, 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) 30section 82(8) of that Act (breach of court order to abate
statutory 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
35from premises so as to be prejudicial to health or a nuisance).

(8) Condition 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) 40the final determination of the appeal results in the conviction,
finding 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,
  45Crime and Policing Act 2014;

• “serious offence” means an offence which—

  (a)

  was committed on or after the day on which subsection
  (3) comes into force,

  Anti-social Behaviour, Crime and Policing BillPage 58

  (b)

  is specified, or falls within a description specified, in
  Schedule 2A at the time the offence 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
  5of 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) 10removing an offence.

(11) The 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) 15An order under subsection (10) or (11)—

(a) is 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) 20A statutory instrument containing an order under subsection (10) or
(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) 25the National Assembly for Wales (in the case of an order of the
Welsh Ministers).”

(2) After Schedule 2 to that Act there is inserted the Schedule set out in Schedule
3 to this Act.

94 Notice requirements for new ground

30After section 83 of the Housing Act 1985 (proceedings for possession or
termination: 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
35dwelling-house under section 84A (absolute ground for possession for
anti-social behaviour), including proceedings where possession is also
sought on one or more of the grounds set out in Schedule 2.

(2) The court must not entertain the proceedings unless the landlord has
served on the tenant a notice under this section.

(3) 40The notice must—

(a) state 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
45which the landlord proposes to rely), and

(c) inform 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
5set 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
101, 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
15conviction, 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
202 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
25which 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
304 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) 35if 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,
40the 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) 45ceases 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—