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Anti-social Behaviour Bill


Anti-social Behaviour Bill
Part 7 — The environment

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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

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           (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—

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           (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

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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).

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     (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

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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

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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

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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.

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Anti-social Behaviour Bill
Part 8 — General

    40

 

           (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).

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     (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,

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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.”

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     (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

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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.

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           (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

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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

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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.

 

 

Anti-social Behaviour Bill
Part 8 — General

    41

 

     (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.

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 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.

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     (2)    Subordinate legislation—

           (a)           may make different provision for different purposes and different

areas;

           (b)           may include incidental, supplemental, consequential, saving or

transitional provisions.

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     (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.

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 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.

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     (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.

 

 

Anti-social Behaviour Bill
Schedule 1 — Demoted tenancies

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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

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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.

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              (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;

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                    (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

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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

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to be satisfied;

                    (b)                   the demotion order is quashed;

                    (c)                   the tenant dies and no one is entitled to succeed to the

tenancy.

 

 

Anti-social Behaviour Bill
Schedule 1 — Demoted tenancies

    43

 

              (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—

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                    (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.

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              (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—

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                    (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

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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

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                    (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.

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              (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

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       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.

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              (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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