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53 Sale of aerosol paint to children | |
(1) A person commits an offence if he sells an aerosol paint container to a person | |
under the age of eighteen. | |
(2) In subsection (1) “aerosol paint container” means a device which— | |
(a) contains paint stored under pressure, and | 5 |
(b) is designed to permit the release of the paint as a spray. | |
(3) A person guilty of an offence under this section shall be liable on summary | |
conviction to a fine not exceeding level 4 on the standard scale. | |
(4) It is a defence for a person charged with an offence under this section in respect | |
of a sale to prove that— | 10 |
(a) he took all reasonable steps to determine the purchaser’s age, and | |
(b) he reasonably believed that the purchaser was not under the age of | |
eighteen. | |
(5) It is a defence for a person charged with an offence under this section in respect | |
of a sale effected by another person to prove that he (the defendant) took all | 15 |
reasonable steps to avoid the commission of an offence under this section. | |
Waste and litter | |
54 Unlawfully deposited waste etc | |
(1) The Control of Pollution (Amendment) Act 1989 (c. 14) is amended in | |
accordance with subsections (2) and (3). | 20 |
(2) In subsection (1) of section 7 (further enforcement provisions) for “relevant | |
authority” substitute “waste regulation authority”. | |
(3) After subsection (1) of section 9 (interpretation) insert— | |
“(1A) In sections 5 to 7 above “regulation authority” also means a waste | |
collection authority falling within section 30(3)(a), (b) or (bb) of the | 25 |
Environmental Protection Act 1990.” | |
(4) After section 59 of the Environmental Protection Act 1990 (c. 43) insert— | |
“59A Directions and information in relation to exercise of powers under | |
section 59 | |
(1) The Secretary of State may issue directions setting out categories of | 30 |
waste to which a waste regulation authority or waste collection | |
authority in England and Wales should give priority for the purposes | |
of exercising its powers under section 59 above. | |
(2) Each such authority must, by such time in each year as the Secretary of | |
State may specify, provide him, in respect of such period as he may | 35 |
specify, with such information as he may specify in relation to the | |
categories and quantities of waste with respect to which it has exercised | |
its powers under section 59 above. | |
(3) Priorities set out in directions under subsection (1) above may be | |
different for different authorities or areas. | 40 |
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(4) But nothing in this section or in any directions issued under it affects | |
any power of an authority under section 59 above.” | |
(5) Subsection (15) of section 108 of the Environment Act 1995 (c. 25) (powers of | |
enforcing authorities and persons authorised by them) is amended in | |
accordance with subsections (6) to (8). | 5 |
(6) In the definition of “enforcing authority” after paragraph (b) insert— | |
“(ba) a waste collection authority;”. | |
(7) After the definition of “pollution control functions” in relation to the Agency | |
or SEPA insert— | |
““pollution control functions”, in relation to a waste collection authority, | 10 |
means the functions conferred on it by section 59 of the Environmental | |
Protection Act 1990;”. | |
(8) After the definition of “premises” insert— | |
““waste collection authority” shall be construed in accordance with | |
section 30(3)(a), (b) and (bb) of the Environmental Protection Act 1990.” | 15 |
(9) The reference to the Environmental Protection Act 1990 (c. 43) in Schedule 1 to | |
the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/ | |
672) is to be treated as referring to that Act as amended by this section. | |
55 Extension of litter authority powers to take remedial action | |
(1) For section 92(10) of the Environmental Protection Act 1990 (restriction on | 20 |
remedial action by litter authorities) substitute— | |
“(10) Subsection (9) above does not apply in relation to any land to which | |
subsection (11) or (12) below applies. | |
(11) This subsection applies to any relevant Crown land which is occupied | |
for naval, military or air force purposes. | 25 |
(12) This subsection applies to any relevant land of a statutory undertaker | |
in relation to which the Secretary of State has specified, by order, that it | |
is requisite or expedient that, in the national interest, subsection (9) | |
above should not apply.” | |
(2) The reference to the Environmental Protection Act 1990 in Schedule 1 to the | 30 |
National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/ | |
672) is to be treated as referring to that Act as amended by this section. | |
Part 8 | |
General | |
56 Repeals | 35 |
Schedule 3 contains repeals. | |
57 Commencement | |
(1) Except as provided in subsection (2), the preceding provisions of this Act come | |
into force in accordance with provision made by the Secretary of State by order. | |
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(2) Part 2 and sections 18 to 21, 23(1), 47 to 50, 52, 54 and 55— | |
(a) so far as relating to England, come into force in accordance with | |
provision made by the Secretary of State by order; | |
(b) so far as relating to Wales, come into force in accordance with provision | |
made by the National Assembly for Wales by order. | 5 |
58 Orders and regulations | |
(1) References in this section to subordinate legislation are to— | |
(a) an order of the Secretary of State or the National Assembly for Wales | |
under this Act; | |
(b) regulations under this Act. | 10 |
(2) Subordinate legislation— | |
(a) may make different provision for different purposes and different | |
areas; | |
(b) may include incidental, supplemental, consequential, saving or | |
transitional provisions. | 15 |
(3) A power to make subordinate legislation is exercisable by statutory | |
instrument. | |
(4) A statutory instrument is subject to annulment in pursuance of a resolution of | |
either House of Parliament if it contains subordinate legislation made by the | |
Secretary of State other than an order under section 57. | 20 |
59 Money | |
There shall be paid out of money provided by Parliament any increase attributable to | |
this Act in the sums payable out of money so provided under any other enactment. | |
60 Extent | |
(1) Parts 1 to 5 and 7 extend to England and Wales only. | 25 |
(2) Part 6 and this Part do not extend to Northern Ireland. | |
61 Short title | |
This Act may be cited as the Anti-social Behaviour Act 2003. | |
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Anti-social Behaviour Bill
Schedule 1 — Demoted tenancies | 42 |
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Schedules | |
Schedule 1 | |
Section 14 | |
Demoted tenancies | |
1 In the Housing Act 1996 (c. 52) after section 143 the following sections are | |
inserted as Chapter 1A of Part 5— | 5 |
“Chapter 1A | |
demoted tenancies | |
General provisions | |
143A Demoted tenancies | |
(1) This section applies to a periodic tenancy of a dwelling-house if each | 10 |
of the following conditions is satisfied. | |
(2) The first condition is that the landlord is either a local housing | |
authority or a housing action trust. | |
(3) The second condition is that the tenant condition in section 81 of the | |
Housing Act 1985 is satisfied. | 15 |
(4) The third condition is that the tenancy is created by virtue of a | |
demotion order under section 82A of that Act. | |
(5) In this Chapter— | |
(a) a tenancy to which this section applies is referred to as a | |
demoted tenancy; | 20 |
(b) references to demoted tenants must be construed | |
accordingly. | |
143B Duration of demoted tenancy | |
(1) A demoted tenancy becomes a secure tenancy at the end of the | |
period of one year (the demotion period) starting with the day the | 25 |
demotion order takes effect; but this is subject to subsections (2) to | |
(5). | |
(2) A tenancy ceases to be a demoted tenancy if any of the following | |
paragraphs applies— | |
(a) either of the first or second conditions in section 143A ceases | 30 |
to be satisfied; | |
(b) the demotion order is quashed; | |
(c) the tenant dies and no one is entitled to succeed to the | |
tenancy. | |
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(3) If at any time before the end of the demotion period the landlord | |
serves a notice of proceedings for possession of the dwelling-house | |
subsection (4) applies. | |
(4) The tenancy continues as a demoted tenancy until the end of the | |
demotion period or (if later) until any of the following occurs— | 5 |
(a) the notice of proceedings is withdrawn by the landlord; | |
(b) the proceedings are determined in favour of the tenant; | |
(c) the period of 6 months beginning with the date on which the | |
notice is served ends and no proceedings for possession have | |
been brought. | 10 |
(5) A tenancy does not come to an end merely because it ceases to be a | |
demoted tenancy. | |
143C Change of landlord | |
(1) A tenancy continues to be a demoted tenancy for the duration of the | |
demotion period if— | 15 |
(a) at the time the demoted tenancy is created the interest of the | |
landlord belongs to a local housing authority or a housing | |
action trust, and | |
(b) during the demotion period the interest of the landlord | |
transfers to another person who is a local housing authority | 20 |
or a housing action trust. | |
(2) Subsections (3) and (4) apply if— | |
(a) at the time the demoted tenancy is created the interest of the | |
landlord belongs to a local housing authority or a housing | |
action trust, and | 25 |
(b) during the demotion period the interest of the landlord | |
transfers to a person who is not such a body. | |
(3) If the new landlord is a registered social landlord or a person who | |
does not satisfy the landlord condition the tenancy becomes an | |
assured shorthold tenancy. | 30 |
(4) If the new landlord is not a registered social landlord and does | |
satisfy the landlord condition the tenancy becomes a secure tenancy. | |
(5) The landlord condition must be construed in accordance with section | |
80 of the Housing Act 1985. | |
Proceedings for possession | 35 |
143D Proceedings for possession | |
(1) The landlord may only bring a demoted tenancy to an end by | |
obtaining an order of the court for possession of the dwelling-house. | |
(2) The court must make an order for possession unless it thinks that the | |
procedure under sections 143E and 143F has not been followed. | 40 |
(3) If the court makes such an order the tenancy comes to an end on the | |
date on which the tenant is to give up possession in pursuance of the | |
order. | |
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