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A | |
Bill | |
To | |
Make provision in connection with anti-social behaviour. | |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and | |
consent of the Lords Spiritual and Temporal, and Commons, in this present | |
Parliament assembled, and by the authority of the same, as follows:— | |
Part 1 | |
Premises where drugs used unlawfully | |
1 Closure notice | |
(1) This section applies to premises if a police officer not below the rank of | |
superintendent (the authorising officer) has reasonable grounds for | 5 |
believing— | |
(a) that at any time during the relevant period the premises have been used | |
in connection with the unlawful use or supply of a Class A controlled | |
drug, and | |
(b) that the use of the premises is associated with the occurrence of | 10 |
disorder or serious nuisance to members of the public. | |
(2) The authorising officer may authorise the issue of a closure notice in respect of | |
premises to which this section applies if he is satisfied— | |
(a) that the local authority for the area in which the premises are situated | |
has been consulted; | 15 |
(b) that reasonable steps have been taken to establish the identity of any | |
person who lives on the premises or who has control of or | |
responsibility for or an interest in the premises. | |
(3) An authorisation under subsection (2) may be given orally or in writing, but if | |
it is given orally the authorising officer must confirm it in writing as soon as it | 20 |
is practicable. | |
(4) A closure notice must— | |
(a) give notice that an application will be made under section 2 for the | |
closure of the premises; | |
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(b) state that access to the premises by any person other than a person who | |
habitually resides in the premises or the owner of the premises is | |
prohibited; | |
(c) specify the date and time when and the place at which the application | |
will be heard; | 5 |
(d) explain the effects of an order made in pursuance of section 2; | |
(e) state that failure to comply with the notice amounts to an offence; | |
(f) give information about relevant advice providers. | |
(5) The closure notice must be served by a constable. | |
(6) Service is effected by— | 10 |
(a) fixing a copy of the notice to at least one prominent place on the | |
premises, | |
(b) fixing a copy of the notice to each normal means of access to the | |
premises, | |
(c) fixing a copy of the notice to any outbuildings which appear to the | 15 |
constable to be used with or as part of the premises, | |
(d) giving a copy of the notice to at least one person who appears to the | |
constable to have control of or responsibility for the premises, and | |
(e) giving a copy of the notice to the persons identified in pursuance of | |
subsection (2)(b) and to any other person appearing to the constable to | 20 |
be a person of a description mentioned in that subsection. | |
(7) The closure notice must also be served on any person who occupies any other | |
part of the building or other structure in which the premises are situated if the | |
constable reasonably believes at the time of serving the notice under subsection | |
(6) that the person’s access to the other part of the building or structure will be | 25 |
impeded if a closure order is made under section 2. | |
(8) It is immaterial whether any person has been convicted of an offence relating | |
to the use or supply of a controlled drug. | |
(9) The Secretary of State may by regulations specify premises or descriptions of | |
premises to which this section does not apply. | 30 |
(10) The relevant period is the period of three months ending with the day on which | |
the authorising officer considers whether to authorise the issue of a closure | |
notice in respect of the premises. | |
(11) Information about relevant advice providers is information about the names | |
and means of contacting persons and organisations in the area that provide | 35 |
advice about housing and legal matters. | |
2 Closure order | |
(1) If a closure notice has been issued under section 1 a constable must apply | |
under this section to a magistrates’ court for the making of a closure order. | |
(2) The application must be heard by the magistrates’ court not later than 48 hours | 40 |
after the notice was served in pursuance of section 1(6)(a). | |
(3) The magistrates’ court may make a closure order if and only if it is satisfied that | |
each of the following paragraphs applies— | |
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(a) the premises in respect of which the closure notice was issued have | |
been used in connection with the unlawful use or supply of a Class A | |
controlled drug; | |
(b) the use of the premises is associated with the occurrence of disorder or | |
serious nuisance to members of the public; | 5 |
(c) the making of the order is necessary to prevent the occurrence of such | |
disorder or serious nuisance for the period specified in the order. | |
(4) A closure order is an order that the premises in respect of which the order is | |
made are closed to all persons for such period (not exceeding three months) as | |
the court decides. | 10 |
(5) But the order may include such provision as the court thinks appropriate | |
relating to access to any part of the building or structure of which the premises | |
form part. | |
(6) The magistrates’ court may adjourn the hearing on the application for a period | |
of not more than 14 days to enable— | 15 |
(a) the occupier of the premises, | |
(b) the person who has control of or responsibility for the premises, or | |
(c) any other person with an interest in the premises, | |
to show why a closure order should not be made. | |
(7) If the magistrates’ court adjourns the hearing under subsection (6) it may order | 20 |
that the closure notice continues in effect until the end of the period of the | |
adjournment. | |
(8) A closure order may be made in respect of all or any part of the premises in | |
respect of which the closure notice was issued. | |
(9) It is immaterial whether any person has been convicted of an offence relating | 25 |
to the use or supply of a controlled drug. | |
3 Closure order: enforcement | |
(1) This section applies if a magistrates’ court makes an order under section 2. | |
(2) A constable or an authorised person may— | |
(a) enter the premises in respect of which the order is made; | 30 |
(b) do anything reasonably necessary to secure the premises against entry | |
by any person. | |
(3) A person acting under subsection (2) may use reasonable force. | |
(4) But a constable or authorised person seeking to enter the premises for the | |
purposes of subsection (2) must, if required to do so by or on behalf of the | 35 |
owner, occupier or other person in charge of the premises, produce evidence | |
of his identity and authority before entering the premises. | |
(5) A constable or authorised person may also enter the premises at any time while | |
the order has effect for the purpose of carrying out essential maintenance of or | |
repairs to the premises. | 40 |
(6) In this section and in section 4 an authorised person is a person authorised by | |
the chief officer of police for the area in which the premises are situated. | |
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4 Closure of premises: offences | |
(1) A person commits an offence if he remains on or enters premises in | |
contravention of a closure notice. | |
(2) A person commits an offence if— | |
(a) he obstructs a constable or an authorised person acting under section | 5 |
1(6) or 3(2), | |
(b) he remains on premises in respect of which a closure order has been | |
made, or | |
(c) he enters the premises. | |
(3) A person guilty of an offence under this section is liable on summary | 10 |
conviction— | |
(a) to imprisonment for a period not exceeding six months, or | |
(b) to a fine not exceeding level 5 on the standard scale, | |
or to both such imprisonment and fine. | |
(4) But a person does not commit an offence under subsection (1) or subsection | 15 |
(2)(b) or (c) if he has a reasonable excuse for entering or being on the premises | |
(as the case may be). | |
(5) A constable in uniform may arrest a person he reasonably suspects of | |
committing or having committed an offence under this section. | |
5 Extension and discharge of closure order | 20 |
(1) At any time before the end of the period for which a closure order is made or | |
extended a constable may make a complaint to an appropriate justice of the | |
peace for an extension or further extension of the period for which it has effect. | |
(2) But a complaint must not be made unless it is authorised by a police officer not | |
below the rank of superintendent— | 25 |
(a) who has reasonable grounds for believing that it is necessary to extend | |
the period for which the closure order has effect for the purpose of | |
preventing the occurrence of disorder or serious nuisance to members | |
of the public, and | |
(b) who is satisfied that the local authority has been consulted about the | 30 |
intention to make the complaint. | |
(3) If a complaint is made to a justice of the peace under subsection (1) the justice | |
may issue a summons directed to— | |
(a) the persons on whom the closure notice relating to the closed premises | |
was served under subsection (6)(d) or (e) or (7) of section 1; | 35 |
(b) any other person who appears to the justice to have an interest in the | |
closed premises but on whom the closure notice was not served, | |
requiring such person to appear before the magistrates’ court to answer to the | |
complaint. | |
(4) If the court is satisfied that the order is necessary to prevent the occurrence of | 40 |
disorder or serious nuisance for a further period it may extend the period for | |
which the order has effect by a period not exceeding three months. | |
(5) But a closure order must not have effect for more than six months. | |
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(6) Any of the following persons may make a complaint to an appropriate justice | |
of the peace for an order that a closure order is discharged— | |
(a) a constable; | |
(b) the local authority; | |
(c) a person on whom the closure notice relating to the closed premises | 5 |
was served under subsection (6)(d) or (e) or (7) of section 1; | |
(d) a person who has an interest in the closed premises but on whom the | |
closure notice was not served. | |
(7) If a complaint is made under subsection (6) by a person other than a constable | |
the justice may issue a summons directed to such constable as he thinks | 10 |
appropriate requiring the constable to appear before the magistrates’ court to | |
answer to the complaint. | |
(8) The court must not make an order discharging a closure order unless it is | |
satisfied that the closure order is no longer necessary to prevent the occurrence | |
of disorder or serious nuisance to members of the public. | 15 |
(9) If a summons is issued in accordance with subsection (3) or (7), a notice stating | |
the date, time and place at which the complaint will be heard must be served | |
on— | |
(a) the persons to whom the summons is directed if it is issued under | |
subsection (2); | 20 |
(b) the persons mentioned in subsection (6)(c) and (d) (except the | |
complainant) if the summons is issued under subsection (7); | |
(c) such constable as the justice thinks appropriate (unless he is the | |
complainant); | |
(d) the local authority (unless they are the complainant). | 25 |
(10) An appropriate justice of the peace is a justice of the peace acting for the petty | |
sessions area in which the premises in respect of which a closure order is made | |
are situated. | |
6 Appeals | |
(1) This section applies to— | 30 |
(a) an order under section 2 or 5; | |
(b) a decision by a court not to make an order under either of those | |
sections. | |
(2) An appeal against an order or decision to which this section applies must be | |
brought to the Crown Court before the end of the period of 21 days beginning | 35 |
with the day on which the order or decision is made. | |
(3) An appeal against an order under section 2 or 5(3) may be brought by— | |
(a) a person on whom the closure notice relating to the closed premises | |
was served under section 1(6)(d) or (e); | |
(b) a person who has an interest in the closed premises but on whom the | 40 |
closure notice was not served. | |
(4) An appeal against the decision of a court not to make such an order may be | |
brought by— | |
(a) a constable; | |
(b) the local authority. | 45 |
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(5) On an appeal under this section the Crown Court may make such order as it | |
thinks appropriate. | |
7 Access to other premises | |
(1) This section applies to any person who occupies or owns any part of a building | |
or structure— | 5 |
(a) in which closed premises are situated, and | |
(b) in respect of which the closure order does not have effect. | |
(2) A person to whom this section applies may at any time while a closure order | |
has effect apply to— | |
(a) the magistrates’ court in respect of an order made under section 2 or 5; | 10 |
(b) the Crown Court in respect of an order made under section 6. | |
(3) If an application is made under this section notice of the date, time and place | |
of the hearing to consider the application must be given to every person | |
mentioned in section 5(6). | |
(4) On an application under this section the court may make such order as it thinks | 15 |
appropriate in relation to access to any part of a building or structure in which | |
closed premises are situated. | |
(5) It is immaterial whether any provision has been made as mentioned in section | |
2(5). | |
8 Reimbursement of costs | 20 |
(1) A police authority or a local authority which incurs expenditure for the | |
purpose of clearing, securing or maintaining the premises in respect of which | |
a closure order has effect may apply to the court which made the order for an | |
order under this section. | |
(2) On an application under this section the court may make such order as it thinks | 25 |
appropriate in the circumstances for the reimbursement (in full or in part) by | |
the owner of the premises of the expenditure mentioned in subsection (1). | |
(3) But an application for an order under this section must not be entertained | |
unless it is made not later than the end of the period of three months starting | |
with the day the closure order ceases to have effect. | 30 |
(4) An application under this section must be served on— | |
(a) the police authority for the area in which the premises are situated if the | |
application is made by the local authority; | |
(b) the local authority if the application is made by a police authority; | |
(c) the owner of the premises. | 35 |
9 Exemption from liability for certain damages | |
(1) A constable is not liable for relevant damages in respect of anything done or | |
omitted to be done by him in the performance or purported performance of his | |
functions under this Part. | |
(2) A chief officer of police is not liable for relevant damages in respect of anything | 40 |
done or omitted to be done by a constable under his direction or control in the | |
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performance or purported performance of the constable’s functions under this | |
Part. | |
(3) Subsections (1) and (2) do not apply— | |
(a) if the act or omission is shown to have been in bad faith; | |
(b) so as to prevent an award of damages made in respect of an act or | 5 |
omission on the ground that the act or omission was unlawful by virtue | |
of section 6(1) of the Human Rights Act 1998 (c. 42). | |
(4) This section does not affect any other exemption from liability for damages | |
(whether at common law or otherwise). | |
(5) Relevant damages are damages in proceedings for judicial review or for the | 10 |
tort of negligence or misfeasance in public duty. | |
10 Compensation | |
(1) This section applies to any person who incurs financial loss in consequence | |
of— | |
(a) the issue of a closure notice, or | 15 |
(b) a closure order having effect. | |
(2) A person to whom this section applies may apply to— | |
(a) the magistrates’ court which considered the application for a closure | |
order; | |
(b) the Crown Court if the closure order was made or extended by an order | 20 |
made by that Court on an appeal under section 6. | |
(3) An application under this section must not be entertained unless it is made not | |
later than the end of the period of three months starting with whichever is the | |
later of— | |
(a) the day the court decides not to make a closure order; | 25 |
(b) the day the Crown Court dismisses an appeal against a decision not to | |
make a closure order; | |
(c) the day a closure order ceases to have effect. | |
(4) On an application under this section the court may order the payment of compensation | |
out of central funds if it is satisfied— | 30 |
(a) that the person had no connection with the use of the premises as mentioned in | |
section 1(1), | |
(b) if the person is the owner or occupier of the premises, that he took reasonable | |
steps to prevent the use, | |
(c) that the person has incurred financial loss as mentioned in subsection (1), and | 35 |
(d) having regard to all the circumstances it is appropriate to order payment of | |
compensation in respect of that loss. | |
(5) Central funds has the same meaning as in enactments providing for the | |
payment of costs. | |
11 Interpretation | 40 |
(1) Controlled drug has the same meaning as in the Misuse of Drugs Act 1971 | |
(c. 38). | |
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