Anti-social Behaviour Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Anti-social Behaviour Bill

Anti-social Behaviour Bill
1

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:—
Surrogacy
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Police surrogacy powers
(1)
The Secretary of State may by regulations make provision giving a local police
force powers of the kinds specified in subsection (3) (“surrogacy powers”).
(2)
Surrogacy powers may be exercised only where a police officer of the requisite
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rank is satisfied that a child who is aged 10 or over is engaged in anti-social
behaviour and—
(a)
the parents of that child are wilfully failing to control that behaviour,
(b)
the parents of that child are unable to control that behaviour, or
(c)
the parents of that child are themselves participating in that behaviour
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or in other anti-social behaviour.
(3)
The powers specified in this subsection are—
(a)
the power to give oral warnings to—
(i)
a child, and
(ii)
the parents of that child,
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about the child’s behaviour;
(b)
the power to give written warnings to—
(i)
a child, and
(ii)
the parents of that child,

about the child’s behaviour where both of the conditions in subsection
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(4) are met; and
(c)
the power to make an anti-social behaviour order in relation to the child
where each of the conditions in subsection (5) are met.
(4)
The conditions in this subsection are that—

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(a)
an oral warning has been given both to a child and to a parent of that
child in exercise of the powers specified in subsection (3)(a), and
(b)
a police officer of the requisite rank is satisfied that the child concerned
has engaged in anti-social behaviour subsequent to the giving of those
oral warnings.
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(5)
The conditions in this subsection are that—
(a)
an oral warning has been given both to a child and to a parent of that
child in exercise of the powers specified in subsection (3)(a),
(b)
a written warning has been given both to a child and to a parent of that
child in exercise of the powers specified in subsection (3)(b), and
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(c)
a police officer of the requisite rank is satisfied that the child concerned
has engaged in anti-social behaviour subsequent to the giving of those
written warnings.
(6)
The Secretary of State may by order amend Part 1 of the Crime and Disorder
Act 1998 (c. 37) (prevention of crime and disorder) for the purposes of—
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(a)
giving a police officer of the requisite rank the power to make an anti-
social behaviour order, and
(b)
giving courts powers to consider appeals against the making of an anti-
social behaviour order by a police officer of the requisite rank.
(7)
Regulations under this section may make provision for the giving of written
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warnings by a police officer in person in prescribed circumstances where the
recipient of the warning may be unable to read or understand the written
warning.
(8)
Any power to make regulations or an order under this section is subject to the
provisions of sections 16 to 18.
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(9)
In this section—
“anti-social behaviour” means behaviour that could, in the opinion of a
police officer of the requisite rank, reasonably give rise to the making of
anti-social behaviour order;
“the requisite rank” means a rank above that of inspector.
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Ceremonies, contracts and agreements
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Community welcoming ceremonies
(1)
It shall be the duty of the registrar, in any case where the conditions specified
in subsection (2) are met, to arrange a community welcoming ceremony for a
child to be conducted in accordance with provision made in or under this
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section and section 3.
(2)
The conditions specified in this subsection are that—
(a)
the birth of the child was registered in accordance with the provisions
of section 1 of the Births and Deaths Registration Act 1953 (c. 20)
(particulars of birth to be registered) and was not a still-birth (within
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the meaning of section 41 of that Act),
(b)
the birth took place in the sub-district of the registrar, and
(c)
it does not appear to the registrar, on the basis of such information as is
available to him, that the child will not ordinarily be resident in
England and Wales.
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(3)
In any case where—
(a)
the child is ordinarily resident in a place in England and Wales outside
the sub-district in which the birth took place, or
(b)
it otherwise appears to the registrar to be convenient for a community
welcoming ceremony to take place in a place in England and Wales
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outside the sub-district in which the birth took place,

the duty under subsection (1) may be transferred in writing by the registrar to
another registrar and, in relation to such a case, the condition specified in
subsection (2)(b) shall not apply.
(4)
A community welcoming ceremony shall be conducted within 21 days of the
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registration of the birth of the child concerned unless, in the opinion of the
registrar, there are extenuating circumstances that make it appropriate for the
ceremony to be held on a subsequent date.
(5)
A community welcoming ceremony shall—
(a)
be conducted by a registrar or by a person appointed by a registrar to
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act on his behalf, and
(b)
be attended by the parents of the child concerned and by two other
witnesses.
(6)
The documents specified in subsection (9) shall be signed at the community
welcoming ceremony by—
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(a)
the parents of the child concerned, and
(b)
the person conducting the ceremony, on behalf of the community.
(7)
The signing of the documents specified in subsection (9) by the parents of the
child concerned shall be witnessed by the person conducting the ceremony.
(8)
The signing of the documents specified in subsection (9) by the person
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conducting the ceremony shall be witnessed by the parents of the child
concerned.
(9)
The documents specified in this subsection are—
(a)
a community welcoming ceremony certificate; and
(b)
the social responsibility agreement in respect of the child concerned.
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3
Community welcoming ceremonies: further provisions
(1)
The Secretary of State may (subject to subsections (2) to (4)) make regulations
prescribing the form and content of a community welcoming ceremony.
(2)
No charge may be levied in respect of a community welcoming ceremony.
(3)
A community welcoming ceremony shall be open to the public.
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(4)
No community welcoming ceremony may be comprised in whole or in part of
a religious ceremony or service.
(5)
The Secretary of State may by regulations prescribe—
(a)
information that is to be provided by the parents of a child to enable a
registrar—
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(i)
to determine whether a community welcoming ceremony
should be held,
(ii)
to conduct a community welcoming ceremony;
(b)
the form in which such information is to be provided;

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(c)
the time within which such information is to be provided;
(d)
the places or premises where a community welcoming ceremony may
be held;
(e)
the form and contents of a community welcoming ceremony certificate;
(f)
penalties for the failure by a registrar or a person appointed by a
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registrar to act on his behalf to fulfil his duty under section 2(1);
(g)
penalties for the failure by a registrar or a person exercising functions
under section 2 and this section to perform functions that he is required
to perform under section 2 or this section or regulations made under
this section;
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(h)
penalties for the failure by parents to—
(i)
attend a civil welcoming ceremony that they are required to
attend under section 2(5)(b);
(ii)
do any thing that they are required to do by regulations made
under this section; and
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(i)
circumstances in which persons are to be exempted from duties or
requirements under section 2 or this section or regulations made under
this section.
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Social responsibility agreements
(1)
There shall be a social responsibility agreement in respect of every child in
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relation to whom the conditions in section 2(2)(a) and (c) are met.
(2)
A social responsibility agreement shall be in the prescribed form and shall
contain such information falling within subsection (3) as may be prescribed.
(3)
Information falls within this subsection if it relates to—
(a)
the rights and duties of parents in relation to their child and in relation
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to society;
(b)
the duties of society with respect to the child; or
(c)
rights of redress, entitlements and responsibilities in any case where
duties specified in the social responsibility agreement have not been
fulfilled.
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School contracts
(1)
There shall be (subject to regulations under subsection (2)(c)) a school contract
in respect of each pupil at every school.
(2)
The appropriate authority may by regulations prescribe—
(a)
the form of a school contract,
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(b)
(subject to subsection (4)) the content of a school contract,
(c)
the circumstances in which are a school contract is to be agreed,
(d)
requirements to be imposed upon parties to a school contract relating
to that contract, and
(e)
penalties for failure to comply with those requirements.
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(3)
The parties to a school contract shall be—
(a)
the pupil,
(b)
the parents of that pupil, and
(c)
the head teacher of the school that is attended by that pupil.

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(4)
Each school contract shall set out—
(a)
the purposes of the pupil’s attendance at the school,
(b)
the benefits that are expected to accrue to him and to society from that
attendance, and
(c)
the minimum standards of behaviour that are required of the pupil.
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(5)
In this section—
“head teacher” includes an acting head teacher;
“pupil” has the meaning given by section 3(1) of the Education Act 1996
(c. 56);
“school” means—
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(a)
a school maintained by a local education authority,
(b)
a special school not maintained by a local education authority,
or
(c)
a school in one of the classes specified in paragraphs (a) to (gg)
of section 10(3) of the School Inspections Act 1996 (c. 57);
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“special school” has the meaning given by section 6(2) of the Education
Act 1996.
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Coming of age ceremonies
(1)
Every person attaining the age of 14 who is ordinarily resident in England and
Wales and the parents of such a person shall be required (subject to regulations
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under subsection (2)(b)) to participate in a coming of age ceremony.
(2)
The appropriate authority may by regulations prescribe—
(a)
the form and content of a coming of age ceremony;
(b)
the circumstances in which a child and the parents of that child may be
required to participate in a coming of age ceremony;
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(c)
content of the National Curriculum that relates to—
(i)
the content of a coming of age ceremony,
(ii)
learning about social responsibility and citizenship that should
be acquired before a coming of age ceremony; and
(d)
examinations or evaluation that may take place prior to the completion
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of the fourth key stage relating to the content of the National
Curriculum referred to in paragraph (c).
(3)
In this section—
“the fourth key stage” has the meaning given—
(a)
in relation to England, by section 82(1)(d) of the Education Act
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2002 (c. 32), and
(b)
in relation to Wales, by section 103(1)(d) of that Act;
“the National Curriculum” means—
(a)
in relation to England, the National Curriculum for England
(within the meaning of Part 6 of the Education Act 2002), and
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(b)
in relation to Wales, the National Curriculum for Wales (within
the meaning of Part 7 of that Act).
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Welfare contracts
(1)
Every person in receipt of a relevant benefit shall (subject to regulations under
subsection (2)(b)) be required to sign a welfare contract.
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(2)
The Secretary of State may by regulations prescribe—
(a)
the form and (subject to subsection (3)) the content of a welfare contract,
(b)
the circumstances in which a person in receipt of a relevant benefit may
be required to sign a welfare contract, and
(c)
sanctions for a person who fails to sign a welfare contract.
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(3)
A welfare contract shall, in particular, set out—
(a)
the purpose of the provision of the relevant benefit, and
(b)
the behaviour expected by society of the person in receipt of the
relevant benefit in return.
(4)
In this section “a relevant benefit” means any benefit that is paid under any of
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the following Acts—
(a)
the Social Security Contributions and Benefits Act 1992 (c. 4);
(b)
the Jobseekers Act 1995 (c. 18);
(c)
the State Pension Credit Act 2002 (c. 16).
Noise insulation
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8
Noise insulation: building regulations
(1)
The Building Act 1984 (c. 55) is amended as follows.
(2)
In Schedule 1 (building regulations), after paragraph 7, insert—
“7A   (1)
Building regulations making provision for the purpose specified in
paragraph 7(a)(vii) (measures affecting the transmission of sound),
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shall, in particular, specify standards of noise insulation in new
buildings for the purpose specified in sub-paragraph (2).
      (2)
The purpose specified in this sub-paragraph is to reduce the
disturbance, distress or inconvenience to persons resident in close
proximity to the new buildings from noise emitted from within the
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new buildings.”
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Noise insulation: housing grants
(1)
Before making a grant to which this section applies, the person or body making
the grant shall take such steps as that person or body considers appropriate to
secure that the works to which the grant relates include measures to improve
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noise insulation for the purpose specified in subsection (2).
(2)
The purpose specified in this subsection is to reduce the disturbance, distress
or inconvenience to persons resident in close proximity to the premises in
respect of which the grant has been made from noise emitted from within those
premises.
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(3)
This sections applies to grants made under the following provisions—
(a)
section 244 of the Housing Act 1985 (c. 68) (environmental works),
(b)
section 18 of the Housing Act 1996 (c. 52) (social housing grants),
(c)
Part 1 of the Housing Grants, Construction and Regeneration Act 1996
(c. 53) (grants, etc., for renewal of private sector housing).
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