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(a) the tenancy is created by virtue of an order of the court under | |
section 82A of the Housing Act 1985 or section 6A of this Act (a | |
demotion order), and | |
(b) the landlord is a registered social landlord. | |
(2) At the end of the period of one year starting with the day when the | 5 |
demotion order takes effect a demoted assured shorthold tenancy | |
ceases to be an assured shorthold tenancy unless subsection (3) applies. | |
(3) This subsection applies if before the end of the period mentioned in | |
subsection (2) the landlord gives notice of proceedings for possession | |
of the dwelling house. | 10 |
(4) If subsection (3) applies the tenancy continues to be a demoted assured | |
shorthold tenancy until the end of the period mentioned in subsection | |
(2) or (if later) until one of the following occurs— | |
(a) the notice of proceedings for possession is withdrawn; | |
(b) the proceedings are determined in favour of the tenant; | 15 |
(c) the period of six months beginning with the date on which the | |
notice is given ends and no proceedings for possession have | |
been brought. | |
(5) Registered social landlord has the same meaning as in Part 1 of the | |
Housing Act 1996.” | 20 |
(2) In section 21 of that Act (recovery of possession on expiry or termination of | |
assured shorthold tenancy) after subsection (5) there is inserted the following | |
subsection— | |
“(5A) Subsection (5) above does not apply to an assured shorthold tenancy to | |
which section 20B (demoted assured shorthold tenancies) applies.” | 25 |
(3) In Schedule 2A of that Act (assured tenancies which are not shorthold | |
tenancies) after paragraph 5 (former secure tenancies) there is inserted the | |
following paragraph— | |
“Former demoted tenancies | |
5A. An assured tenancy which ceases to be an assured shorthold tenancy | 30 |
by virtue of section 20B(2) or (4).” | |
16 Proceedings for possession: anti-social behaviour | |
(1) In the Housing Act 1985 (c. 68) after section 85 (which extends the court’s | |
discretion in certain proceedings for possession) there is inserted the following | |
section— | 35 |
“85A Proceedings for possession: anti-social behaviour | |
(1) This section applies if the court is considering under section 84(2)(a) | |
whether it is reasonable to make an order for possession on ground 2 | |
set out in Part 1 of Schedule 2 (conduct of tenant or other person). | |
(2) The court must consider, in particular— | 40 |
(a) the effect that the nuisance or annoyance has had on persons | |
other than the person against whom the order is sought; | |
(b) any continuing effect the nuisance or annoyance is likely to | |
have on such persons; | |
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(c) the effect that the nuisance or annoyance would be likely to | |
have on such persons if the conduct is repeated.” | |
(2) In the Housing Act 1988 (c. 50) after section 9 (which extends the Court’s | |
discretion in certain proceedings for possession) there is inserted the following | |
section— | 5 |
“9A Proceedings for possession: anti-social behaviour | |
(1) This section applies if the court is considering under section 7(4) | |
whether it is reasonable to make an order for possession on ground 14 | |
set out in Part 2 of Schedule 2 (conduct of tenant or other person). | |
(2) The court must consider, in particular— | 10 |
(a) the effect that the nuisance or annoyance has had on persons | |
other than the person against whom the order is sought; | |
(b) any continuing effect the nuisance or annoyance is likely to | |
have on such persons; | |
(c) the effect that the nuisance or annoyance would be likely to | 15 |
have on such persons if the conduct is repeated.” | |
17 Devolution: Wales | |
(1) In Schedule 1 to the National Assembly for Wales (Transfer of Functions) | |
Order 1999 (S.I. 1999/672) references to the following Acts are to be treated as | |
references to those Acts as amended by virtue of this Part— | 20 |
(a) the Housing Act 1985 (c. 68); | |
(b) the Housing Act 1988; | |
(c) the Housing Act 1996 (c. 52). | |
(2) This section does not affect the power to make further Orders varying or | |
omitting those references. | 25 |
Part 3 | |
Parental responsibilities | |
Truancy and exclusion from school | |
18 Parenting contracts in cases of exclusion from school or truancy | |
(1) This section applies where— | 30 |
(a) a pupil has been excluded on disciplinary grounds from a relevant | |
school for a fixed period or permanently, and | |
(b) such conditions as may be prescribed in regulations made by the | |
appropriate person are satisfied. | |
(2) This section also applies where a child of compulsory school age has failed to | 35 |
attend regularly at a relevant school at which he is a registered pupil. | |
(3) A local education authority or the governing body of a relevant school may | |
enter into a parenting contract with a parent of the pupil or child. | |
(4) A parenting contract is a document which contains— | |
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(a) a statement by the parent that he agrees to comply with such | |
requirements as may be specified in the document for such period as | |
may be so specified, and | |
(b) a statement by the local education authority or governing body that it | |
agrees to provide support to the parent for the purpose of complying | 5 |
with those requirements. | |
(5) The requirements mentioned in subsection (4) may include (in particular) a | |
requirement to attend counselling or guidance sessions. | |
(6) The purpose of the requirements mentioned in subsection (4)— | |
(a) in a case falling within subsection (1), is to improve the behaviour of the | 10 |
pupil, | |
(b) in a case falling within subsection (2), is to ensure that the child attends | |
regularly at the relevant school at which he is a registered pupil. | |
(7) A parenting contract must be signed by the parent and signed on behalf of the | |
local education authority or governing body. | 15 |
(8) A parenting contract does not create any obligations in respect of whose breach | |
any liability arises in contract or in tort. | |
(9) Local education authorities and governing bodies of relevant schools must, in | |
carrying out their functions in relation to parenting contracts, have regard to | |
any guidance which is issued by the appropriate person from time to time for | 20 |
that purpose. | |
19 Parenting orders in cases of exclusion from school | |
(1) This section applies where— | |
(a) a pupil has been excluded on disciplinary grounds from a relevant | |
school for a fixed period or permanently, and | 25 |
(b) such conditions as may be prescribed in regulations made by the | |
appropriate person are satisfied. | |
(2) A local education authority may apply to a magistrates’ court for a parenting | |
order in respect of a parent of the pupil. | |
(3) If such an application is made, the court may make a parenting order in respect | 30 |
of a parent of the pupil if it is satisfied that making the order would be desirable | |
in the interests of improving the behaviour of the pupil. | |
(4) A parenting order is an order which requires the parent— | |
(a) to comply, for a period not exceeding twelve months, with such | |
requirements as are specified in the order, and | 35 |
(b) subject to subsection (5), to attend, for a concurrent period not | |
exceeding three months, such counselling or guidance sessions as may | |
be specified in directions given by the responsible officer. | |
(5) A parenting order under this section may, but need not, include a requirement | |
mentioned in subsection (4)(b) in any case where a parenting order under this | 40 |
section or any other enactment has been made in respect of the parent on a | |
previous occasion. | |
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20 Parenting orders: supplemental | |
(1) In deciding whether to make a parenting order under section 19, a court must | |
take into account (amongst other things)— | |
(a) any refusal by the parent to enter into a parenting contract under | |
section 18 in respect of the pupil in a case falling within subsection (1) | 5 |
of that section, or | |
(b) if the parent has entered into such a parenting contract, any failure by | |
the parent to comply with the requirements specified in the contract. | |
(2) Before making a parenting order under section 19 in the case of a pupil under | |
the age of 16, a court must obtain and consider information about the pupil’s | 10 |
family circumstances and the likely effect of the order on those circumstances. | |
(3) Subsections (3) to (7) of section 9 of the Crime and Disorder Act 1998 (c. 37) | |
(supplemental provisions about parenting orders) are to apply in relation to a | |
parenting order under section 19 as they apply in relation to a parenting order | |
under section 8 of that Act. | 15 |
(4) The appropriate person may by regulations make such provision in relation to | |
parenting orders under section 19 as the appropriate person thinks necessary | |
or expedient. | |
(5) Local education authorities, head teachers and responsible officers must, in | |
carrying out their functions in relation to parenting orders, have regard to any | 20 |
guidance which is issued by the appropriate person from time to time for that | |
purpose. | |
21 Parenting orders: appeals | |
(1) An appeal lies to the Crown Court against the making of a parenting order | |
under section 19. | 25 |
(2) Subsections (2) and (3) of section 10 of the Crime and Disorder Act 1998 | |
(appeals against parenting orders) are to apply in relation to an appeal under | |
this section as they apply in relation to an appeal under subsection (1)(b) of that | |
section. | |
22 Penalty notices for parents in cases of truancy | 30 |
(1) After section 444 of the Education Act 1996 (c. 56) (failure to secure regular | |
attendance at school of registered pupil) insert— | |
“444A Penalty notice in respect of failure to secure regular attendance at | |
school of registered pupil | |
(1) Where an authorised officer has reason to believe— | 35 |
(a) that a person has committed an offence under section 444(1), | |
and | |
(b) that the school to which the offence relates is a relevant school | |
in England, | |
he may give the person a penalty notice in respect of the offence. | 40 |
(2) A penalty notice is a notice offering a person the opportunity of | |
discharging any liability to conviction for the offence under section | |
444(1) to which the notice relates by payment of a penalty in accordance | |
with the notice. | |
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(3) Where a person is given a penalty notice, proceedings for the offence to | |
which the notice relates (or an offence under section 444(1A) arising out | |
of the same circumstances) may not be instituted before the end of such | |
period as may be prescribed. | |
(4) Where a person is given a penalty notice, he cannot be convicted of the | 5 |
offence to which the notice relates (or an offence under section 444(1A) | |
arising out of the same circumstances) if he pays a penalty in | |
accordance with the notice. | |
(5) Penalties under this section shall be payable to local education | |
authorities in England. | 10 |
(6) Sums received by a local education authority under this section may be | |
used by the authority for the purposes of any of its functions which | |
may be specified in regulations. | |
444B Penalty notices: supplemental | |
(1) Regulations may make— | 15 |
(a) provision as to the form and content of penalty notices, | |
(b) provision as to the monetary amount of any penalty and the | |
time by which it is to be paid, | |
(c) provision for determining the local education authority to | |
which a penalty is payable, | 20 |
(d) provision as to the methods by which penalties may be paid, | |
(e) provision as to the records which are to be kept in relation to | |
penalty notices, | |
(f) provision as to the persons who may be authorised by a local | |
education authority or a head teacher to give penalty notices, | 25 |
(g) provision limiting the circumstances in which authorised | |
officers of a prescribed description may give penalty notices, | |
(h) provision for or in connection with the withdrawal, in | |
prescribed circumstances, of a penalty notice, including— | |
(i) repayment of any amount paid by way of penalty under | 30 |
a penalty notice which is withdrawn, and | |
(ii) prohibition of the institution or continuation of | |
proceedings for the offence to which the withdrawn | |
notice relates (and any offence under section 444(1A) | |
arising out of the same circumstances), | 35 |
(i) provision for a certificate— | |
(i) purporting to be signed by or on behalf of a prescribed | |
person, and | |
(ii) stating that payment of any amount paid by way of | |
penalty was or, as the case may be, was not received on | 40 |
or before a date specified in the certificate, | |
to be received in evidence of the matters so stated, | |
(j) provision as to the action to be taken if a penalty is not paid in | |
accordance with a penalty notice, | |
(k) provision for or in connection with the preparation of codes of | 45 |
conduct in relation to the giving of penalty notices, | |
(l) such other provision in relation to penalties or penalty notices | |
as the Secretary of State thinks necessary or expedient. | |
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(2) Without prejudice to the generality of subsection (1) or section 569(4), | |
regulations under subsection (1)(b) may make provision for penalties | |
of different amounts to be payable in different cases or circumstances | |
(including provision for the penalty payable under a penalty notice to | |
differ according to the time by which it is paid). | 5 |
(3) Local education authorities, head teachers and authorised officers shall, | |
in carrying out their functions in relation to penalty notices, have | |
regard to any guidance which is published by the Secretary of State | |
from time to time in relation to penalty notices. | |
(4) In this section and section 444A— | 10 |
“authorised officer” means— | |
(a) a constable, | |
(b) an officer of a local education authority in England who | |
is authorised by the authority to give penalty notices, or | |
(c) an authorised staff member, | 15 |
“authorised staff member” means— | |
(a) a head teacher of a relevant school in England, or | |
(b) a member of the staff of a relevant school in England | |
who is authorised by the head teacher of the school to | |
give penalty notices, | 20 |
“penalty” means a penalty under a penalty notice, | |
“penalty notice” has the meaning given by section 444A(2), | |
“relevant school” means— | |
(a) a maintained school, | |
(b) a pupil referral unit, | 25 |
(c) an Academy, | |
(d) a city technology college, or | |
(e) a city college for the technology of the arts.” | |
(2) In section 572 of that Act (service of notices and other documents) for “served | |
on any person may be served” substitute “served on, or given to, any person | 30 |
may be served or given”. | |
(3) In paragraph 1(2) of Schedule 4 to the Police Reform Act 2002 (c. 30) (powers | |
of community support officers to issue fixed penalty notices) after paragraph | |
(a) insert— | |
“(aa) the power of a constable to give a penalty notice under | 35 |
section 444A of the Education Act 1996 (penalty notice in | |
respect of failure to secure regular attendance at school of | |
registered pupil);”. | |
(4) After paragraph 1(3) of that Schedule insert— | |
“(4) In its application to an offence which is an offence by reference to | 40 |
which a notice may be given to a person in exercise of the power | |
mentioned in sub-paragraph (2)(aa), sub-paragraph (1) shall have | |
effect as if for the words from “who he has reason to believe” to the | |
end there were substituted “in the relevant police area who he has | |
reason to believe has committed a relevant fixed penalty offence”.” | 45 |
(5) In paragraph 2 of that Schedule (power to detain etc) after sub-paragraph (6) | |
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insert— | |
“(7) In its application to an offence which is an offence by reference to | |
which a notice may be given to a person in exercise of the power | |
mentioned in paragraph 1(2)(aa), sub-paragraph (2) of this | |
paragraph shall have effect as if for the words “has committed a | 5 |
relevant offence in the relevant police area” there were substituted | |
“in the relevant police area has committed a relevant offence”.” | |
(6) In paragraph 1(2) of Schedule 5 to that Act (powers of accredited persons to | |
issue fixed penalty notices) before paragraph (b) insert— | |
“(ab) the power of a constable to give a penalty notice under | 10 |
section 444A of the Education Act 1996 (penalty notice in | |
respect of failure to secure regular attendance at school of | |
registered pupil);”. | |
(7) After paragraph 1(3) of that Schedule insert— | |
“(4) In its application to an offence which is an offence by reference to | 15 |
which a notice may be given to a person in exercise of the power | |
mentioned in sub-paragraph (2)(ab), sub-paragraph (1) shall have | |
effect as if for the words from “who he has reason to believe” to the | |
end there were substituted “in the relevant police area who he has | |
reason to believe has committed or is committing a relevant fixed | 20 |
penalty offence”.” | |
(8) In paragraph 2 of that Schedule (power to require giving of name and address) | |
after sub-paragraph (3) insert— | |
“(4) In its application to an offence which is an offence by reference to | |
which a notice may be given to a person in exercise of the power | 25 |
mentioned in paragraph 1(2)(ab), sub-paragraph (1) of this | |
paragraph shall have effect as if for the words “has committed a | |
relevant offence in the relevant police area” there were substituted | |
“in the relevant police area has committed a relevant offence”.” | |
(9) The National Assembly for Wales may by order amend sections 444A and 444B | 30 |
of the Education Act 1996 (c. 56) by removing the words “in England” in each | |
place where they occur. | |
(10) Where an order is made under subsection (9), any functions of the Secretary of | |
State under sections 444A and 444B of the Education Act 1996 which by virtue | |
of the order become exercisable in relation to Wales are to be treated as if they | 35 |
had been transferred to the National Assembly for Wales by an Order in | |
Council under section 22 of the Government of Wales Act 1998 (c. 38). | |
23 Interpretation | |
(1) In this section and sections 18 to 20— | |
“the appropriate person” means— | 40 |
(a) in relation to England, the Secretary of State, and | |
(b) in relation to Wales, the National Assembly for Wales, | |
“child of compulsory school age” has the same meaning as in the 1996 Act, | |
and “child” is to be construed accordingly, | |
“head teacher” includes acting head teacher, teacher in charge and acting | 45 |
teacher in charge, | |
“local education authority” has the same meaning as in the 1996 Act, | |
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