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(2) A Class A controlled drug is a controlled drug which is a Class A drug within | |
the meaning of section 2 of that Act. | |
(3) Premises includes— | |
(a) any land or other place (whether enclosed or not); | |
(b) any outbuildings which are or are used as part of the premises. | 5 |
(4) A closure notice is a notice issued under section 1. | |
(5) A closure order is— | |
(a) an order made under section 2; | |
(b) an order extended under section 5; | |
(c) an order made or extended under section 6 which has the like effect as | 10 |
an order made or extended under section 2 or 5 (as the case may be). | |
(6) Each of the following is a local authority in relation to England— | |
(a) a district council; | |
(b) a London borough council; | |
(c) a county council for an area for which there is no district council; | 15 |
(d) the Common Council of the City of London in its capacity as a local | |
authority; | |
(e) the Council of the Isles of Scilly. | |
(7) Each of the following is a local authority in relation to Wales— | |
(a) a county council; | 20 |
(b) a county borough council. | |
(8) References to a local authority are to the local authority for the area in which | |
premises— | |
(a) to which a closure notice applies are situated; | |
(b) in respect of which a closure order has effect are situated. | 25 |
(9) Closed premises are premises in respect of which a closure order has effect. | |
(10) The owner of premises is a person, other than a mortgagee not in | |
possession, who is for the time being entitled to dispose of the fee simple | |
of the premises, whether in possession or in reversion. | |
(11) This section applies for the purposes of this Part. | 30 |
Part 2 | |
Housing | |
12 Anti-social behaviour: landlords’ policies and procedures | |
(1) In Part 8 of the Housing Act 1996 (c. 52) before section 219 (power of Secretary | |
of State to give directions as to certain charges by social landlords) there is | 35 |
inserted the following section— | |
“218A Anti-social behaviour: landlords’ policies and procedures | |
(1) This section applies to the following landlords— | |
(a) a local housing authority; | |
(b) a housing action trust; | 40 |
(c) a registered social landlord. | |
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(2) The landlord must prepare— | |
(a) a policy in relation to anti-social behaviour; | |
(b) procedures for dealing with occurrences of anti-social | |
behaviour. | |
(3) The landlord must not later than 6 months after the commencement of | 5 |
section 12 of the Anti-social Behaviour Act 2003 publish a statement of | |
the policy and procedures prepared under subsection (2). | |
(4) The landlord must from time to time keep the policy and procedures | |
under review and, when it thinks appropriate, publish a revised | |
statement. | 10 |
(5) A copy of a statement published under subsection (3) or (4)— | |
(a) must be available for inspection at all reasonable hours at the | |
landlord’s principal office; | |
(b) must be provided on payment of a reasonable fee to any person | |
who requests it. | 15 |
(6) The landlord must also— | |
(a) prepare a summary of its current policy and procedures; | |
(b) provide without charge a copy of the summary to any person | |
who requests it. | |
(7) In preparing and reviewing the policy and procedures the landlord | 20 |
must have regard to guidance issued— | |
(a) by the Secretary of State in the case of a local housing authority | |
or a housing action trust; | |
(b) by the Relevant Authority under section 36 in the case of a | |
registered social landlord. | 25 |
(8) Anti-social behaviour is any conduct to which section 153A or 153B | |
applies. | |
(9) Relevant Authority has the same meaning as in Part 1.” | |
(2) In section 36(2) of that Act (functions of the Housing Corporation relating to | |
guidance and corresponding functions relating to Wales) after paragraph (h) | 30 |
there is inserted the following paragraph— | |
“(i) the policy and procedures a landlord is required under section | |
218A to prepare and from time to time revise in connection with | |
anti-social behaviour.” | |
13 Injunctions against anti-social behaviour on application of certain social | 35 |
landlords | |
(1) The Housing Act 1996 (c. 52) is amended as follows. | |
(2) Sections 152 (power to grant injunctions against anti-social behaviour) and 153 | |
(power of arrest for breach of certain injunctions against anti-social behaviour) | |
are omitted. | 40 |
(3) Before section 154 (power of arrest in ex parte applications) there are inserted | |
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the following sections— | |
“153A Anti-social behaviour injunction | |
(1) This section applies to conduct— | |
(a) which is capable of causing nuisance or annoyance to any | |
person, and | 5 |
(b) which directly or indirectly relates to or affects the housing | |
management functions of a relevant landlord. | |
(2) The court on the application of a relevant landlord may grant an | |
injunction (an anti-social behaviour injunction) if each of the following | |
two conditions is satisfied. | 10 |
(3) The first condition is that the person against whom the injunction is | |
sought is engaging, has engaged or threatens to engage in conduct to | |
which this section applies. | |
(4) The second condition is that the conduct is capable of causing nuisance | |
or annoyance to any of the following— | 15 |
(a) a person residing in housing accommodation owned or | |
managed by the relevant landlord; | |
(b) a person visiting the housing accommodation or otherwise | |
engaged in lawful activity in or in the locality of the housing | |
accommodation; | 20 |
(c) a person employed by the relevant landlord wholly or partly in | |
connection with his housing management functions. | |
(5) It is immaterial where conduct to which this section applies occurs. | |
(6) An anti-social behaviour injunction prohibits the person in respect of | |
whom it is granted from engaging in conduct to which this section | 25 |
applies. | |
153B Injunction against immoral and unlawful use of premises | |
(1) This section applies to conduct which consists of or involves using or | |
threatening to use housing accommodation owned or managed by a | |
relevant landlord for an immoral or unlawful purpose. | 30 |
(2) The court on the application of the relevant landlord may grant an | |
injunction prohibiting the person in respect of whom the injunction is | |
granted from engaging in conduct to which this section applies. | |
153C Injunctions: exclusion order and power of arrest | |
(1) This section applies if the court grants an injunction under subsection | 35 |
(2) of section 153A or 153B and it thinks that either of the following | |
paragraphs applies— | |
(a) the conduct consists of or includes the use or threatened use of | |
violence; | |
(b) there is a significant risk of harm to a person mentioned in | 40 |
section 153A(4). | |
(2) The court may include in the injunction a provision prohibiting the | |
person in respect of whom it is granted from entering or being in— | |
(a) any premises specified in the injunction; | |
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(b) any area specified in the injunction. | |
(3) The court may attach a power of arrest to any provision of the | |
injunction. | |
153D Injunctions: supplementary | |
(1) This section applies for the purposes of sections 153A to 153C. | 5 |
(2) An injunction may— | |
(a) be made for a specified period or until varied or discharged; | |
(b) have the effect of excluding a person from his normal place of | |
residence. | |
(3) An injunction may be varied or discharged by the court on an | 10 |
application by— | |
(a) the person in respect of whom it is made; | |
(b) the relevant landlord. | |
(4) If the court thinks it just and convenient it may grant or vary an | |
injunction without the respondent having been given such notice as is | 15 |
otherwise required by rules of court. | |
(5) If the court acts under subsection (4) it must give the person against | |
whom the injunction is made an opportunity to make representations | |
in relation to the injunction as soon as it is practicable for him to do so. | |
(6) The court is the High Court or a county court. | 20 |
(7) Each of the following is a relevant landlord— | |
(a) a housing action trust; | |
(b) a local authority (within the meaning of the Housing Act 1985); | |
(c) a registered social landlord. | |
(8) A charitable housing trust which is not a registered social landlord is | 25 |
also a relevant landlord if conduct to which section 153A or 153B | |
applies amounts to a breach of a tenancy agreement relating to housing | |
accommodation owned or managed by it. | |
(9) Housing accommodation includes— | |
(a) flats, lodging-houses and hostels; | 30 |
(b) any yard, garden, outhouses and appurtenances belonging to | |
the accommodation or usually enjoyed with it. | |
(10) A landlord owns housing accommodation if either of the following | |
paragraphs applies to him— | |
(a) he is a person (other than a mortgagee not in possession) who is | 35 |
for the time being entitled to dispose of the fee simple in the | |
premises, whether in possession or in reversion; | |
(b) he is a person who holds or is entitled to the rents and profits of | |
the premises under a lease of which the unexpired term exceeds | |
three years. | 40 |
(11) The housing management functions of a relevant landlord include— | |
(a) functions conferred by or under any enactment; | |
(b) the powers and duties of the landlord as the holder of an estate | |
or interest in housing accommodation. | |
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(12) Harm includes serious ill-treatment or abuse (whether physical or | |
not).” | |
(4) In section 154— | |
(a) in subsection (1) for “section 152(6) or section 153” there is substituted | |
“section 153C(3)”; | 5 |
(b) in subsection (1)(b) for “152(1)(a) or section 153(5)(a)” there is | |
substituted “section 153A(4)”. | |
(5) In section 155— | |
(a) in subsection (1) for “section 152(6) or section 153” there is substituted | |
“section 153C(3)”; | 10 |
(b) in subsection (3) for “section 152(6) or section 153” there is substituted | |
“section 153C(3)”. | |
(6) In section 157— | |
(a) in subsection (1) for “section 152(6) or section 153” there is substituted | |
“section 153C(3)”; | 15 |
(b) in subsection (3) for “section 152(6) or section 153” there is substituted | |
“section 153C(3)”. | |
(7) In section 158— | |
(a) in subsection (1) the entries relating to “child”, “harm”, “health” and | |
“ill-treatment” are omitted; | 20 |
(b) subsection (2) is omitted. | |
14 Security of tenure: anti-social behaviour | |
(1) In the Housing Act 1985 (c. 68) section 82 (which makes provision in relation to | |
security of tenure) is amended as follows— | |
(a) in subsection (1) for the words from “of the court” to the end of the | 25 |
subsection there is substituted “mentioned in subsection (1A)”; | |
(b) after subsection (1) there is inserted the following subsection— | |
“(1A) These are the orders— | |
(a) an order of the court for the possession of the dwelling- | |
house; | 30 |
(b) an order under subsection (3); | |
(c) a demotion order under section 82A.” | |
(2) After section 82 of that Act there is inserted the following section— | |
“82A Demotion because of anti-social behaviour | |
(1) This section applies to a secure tenancy if the landlord is— | 35 |
(a) a local housing authority; | |
(b) a housing action trust; | |
(c) a registered social landlord. | |
(2) The landlord may apply to a county court for a demotion order. | |
(3) A demotion order has the following effect— | 40 |
(a) the secure tenancy is terminated with effect from the date | |
specified in the order; | |
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(b) if the tenant remains in occupation of the dwelling-house after | |
that date a demoted tenancy is created with effect from that | |
date; | |
(c) it is a term of the demoted tenancy that any arrears of rent | |
payable at the termination of the secure tenancy become | 5 |
payable under the demoted tenancy. | |
(4) The court must not make a demotion order unless it is satisfied— | |
(a) that the tenant or a person residing in or visiting the dwelling- | |
house has engaged or has threatened to engage in conduct to | |
which section 153A or 153B of the Housing Act 1996 (anti-social | 10 |
behaviour or use of premises for immoral or unlawful | |
purposes) applies, and | |
(b) that it is reasonable to make the order. | |
(5) For the purposes of this section a demoted tenancy is— | |
(a) a tenancy to which section 143A of the Housing Act 1996 applies | 15 |
if the landlord of the secure tenancy is a local housing authority | |
or a housing action trust; | |
(b) a tenancy to which section 20B of the Housing Act 1988 applies | |
if the landlord of the secure tenancy is a registered social | |
landlord.” | 20 |
(3) In the Housing Act 1988 (c. 50) after section 6 (which makes provision about | |
fixing the terms of a statutory periodic tenancy) there is inserted the following | |
section— | |
“6A Demotion because of anti-social behaviour | |
(1) This section applies to an assured tenancy if the landlord is a registered | 25 |
social landlord. | |
(2) The landlord may apply to a county court for a demotion order. | |
(3) A demotion order has the following effect— | |
(a) the assured tenancy is terminated with effect from the date | |
specified in the order; | 30 |
(b) if the tenant remains in occupation of the dwelling-house after | |
that date a demoted tenancy is created with effect from that | |
date; | |
(c) it is a term of the demoted tenancy that any arrears of rent | |
payable at the termination of the assured tenancy become | 35 |
payable under the demoted tenancy. | |
(4) The court must not make a demotion order unless it is satisfied— | |
(a) that the tenant or a person residing in or visiting the dwelling- | |
house has engaged or has threatened to engage in conduct to | |
which section 153A or 153B of the Housing Act 1996 (anti-social | 40 |
behaviour or use of premises for immoral or unlawful | |
purposes) applies, and | |
(b) that it is reasonable to make the order. | |
(5) For the purposes of this section a demoted tenancy is a tenancy to | |
which section 20B of the Housing Act 1988 applies.” | 45 |
(4) Schedule 1 amends the Housing Act 1996 (c. 52) and the Housing Act 1985 | |
(c. 68). | |
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