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10 | Removal of housing benefit for anti-social behaviour |
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(1) | The Secretary of State shall by order amend— |
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(a) | the Social Security Contributions and Benefits Act 1992 (c. 4), |
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(b) | the Social Security Administration Act 1992 (c. 5), and |
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(c) | such other enactments and secondary legislation as he considers it |
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| in order to secure the objectives specified in subsections (2) and (3). |
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(2) | The objective specified in this subsection is to provide that offending families |
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cease to be eligible for housing benefit for a period of six months beginning |
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with the date on which a relevant member of the household who has attained |
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the age of 18 is convicted of a relevant offence. |
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(3) | The objective specified in this subsection is to provide that, where a tenant |
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ceases to be eligible for housing benefit in accordance with the new housing |
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benefit provisions, the landlord of that tenant shall cease to be eligible for |
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housing benefit in respect of the premises occupied by that tenant for a period |
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of one year beginning with the date on which the tenant is convicted of a |
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11 | Neighbourhood improvement services |
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(1) | It shall be the duty of every local authority to establish and maintain a |
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neighbourhood improvement service. |
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(2) | The purpose of a neighbourhood improvement service established and |
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maintained in pursuance of the duty under subsection (1) shall be to support |
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residents in the area in combatting anti-social behaviour. |
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(3) | In pursuance of its duty under subsection (1), every local authority shall |
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provide or secure the provision of— |
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(a) | mediation and arbitration services in relation to alleged anti-social |
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(b) | residential accommodation for offending families in accordance with |
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the provisions of section 12. |
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12 | Residential accommodation for offending families |
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(1) | Where an offending family ceases to receive housing benefit by virtue of the |
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new housing benefit provisions, it shall the duty of the local authority in the |
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area of which the offending family was resident at the commencement of the |
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specified period to provide residential accommodation for the offending |
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family for the specified period. |
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(2) | In providing residential accommodation under this Act, the local authority |
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shall have regard to the desirability of— |
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(a) | securing that the offending family is housed in a location that |
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minimises the opportunities for continuing anti-social behaviour, and |
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(b) | minimising the prospects for disruption to persons and communities |
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that were affected by the anti-social behaviour that gave rise to the |
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offending family ceasing to receive housing benefit by virtue of the new |
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housing benefit provisions. |
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(3) | For the purposes of this section “the specified period”— |
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(a) | begins on the date on which the offending family ceases to be eligible |
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for housing benefit by virtue of the new housing benefit provisions, and |
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(b) | ends six months after the date referred to in paragraph (a). |
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Court support for community action |
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13 | Court support for community legal action |
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(1) | This section applies to criminal proceedings in England and Wales where— |
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(a) | those proceedings have not been initiated by a body or person specified |
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(b) | a person stands to be bound over to keep the peace or be of good |
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behaviour as a result of those proceedings, and |
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(c) | the court is satisfied that the person or persons initiating the |
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proceedings have the support of a significant element of the |
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community in which he or they and the person specified in paragraph |
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(2) | The bodies and persons specified in this subsection are— |
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(a) | a police force within the meaning of section 3(3) of the Prosecution of |
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Offences Act 1985 (c. 23), |
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(b) | the Crown Prosecution Service, |
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(c) | a person acting on behalf of a body specified in paragraph (a) or (b). |
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(3) | Where this section applies, the Secretary of State may by regulations make |
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provision enabling the court to— |
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(a) | issue a warrant for the arrest of the person who stands to be bound over |
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to keep the peace or be of good behaviour, and |
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(b) | take such other steps as are appropriate to secure the attendance of that |
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(4) | The Secretary of State may make provision by regulations for the purposes of |
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the interpretation of subsection (1)(c). |
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(5) | Any power to make regulations under this section is subject to the provisions |
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Accountability of chief officers of police |
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14 | Failure of police anti-social behaviour strategy |
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(1) | The Secretary of State may by regulations make provision for— |
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(a) | the holding of a referendum on the reduction of the salary of a chief |
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officer of police of a police force maintained for a police area in England |
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and Wales where prescribed conditions falling within subsection (2) are |
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(b) | a specified outcome of such a referendum that will lead to a reduction |
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of the salary of the chief officer concerned for the year in which the |
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referendum is held by £1,000. |
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(2) | Conditions fall within this subsection if they relate to— |
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(a) | the holding of a view of residents of a police area that the local police |
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force’s strategy to counter anti-social behaviour is ineffective, or |
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(b) | the collection by residents holding that view of a prescribed number of |
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signatories to a petition presented to the Secretary of State in a |
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(3) | Any referendum that is to be held in accordance with regulations under this |
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section shall be held on the same day as— |
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(a) | a parliamentary election that is not a by-election, or |
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(b) | a relevant local election. |
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(4) | Any power to make regulations under this section is subject to the provisions |
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(5) | In this section “a relevant local election” means— |
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(a) | an election for a local authority, or |
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(b) | elections for more than one local authority held on the same day, |
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| where that election or those elections cover the whole of the police area. |
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15 | Meaning of “the relevant delegated powers” and “the pilot period” |
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(1) | In this Act “the relevant delegated powers” means— |
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(a) | any power to make regulations or an order under the following |
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(b) | any power to make an order under section 22 that relates to the coming |
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into force of a section specified in paragraph (a). |
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(2) | In this Act “the pilot period” means the period that— |
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(a) | begins with date on which the section which grants any of the relevant |
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delegated powers came into force, and |
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(b) | ends three years after the date specified in paragraph (a). |
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16 | Piloting of certain provisions of this Act |
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(1) | During a pilot period, relevant delegated powers may only be exercised in |
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(2) | A pilot area shall be the area of a police force maintained for a police area in |
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(3) | There may be no more than four pilot areas in respect of delegated powers |
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under each of the following provisions— |
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(1) | No less than two years after the commencement of any pilot period, the |
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Secretary of State shall undertake an assessment of the impact of the pilots held |
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during that part of that pilot period. |
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(2) | In undertaking an assessment under subsection (1), the Secretary of State shall |
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(a) | the local police force in the pilot area, |
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(b) | any local authority within the pilot area, and |
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(c) | residents of the pilot area, including, in particular, those most likely to |
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be affected by anti-social behaviour. |
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(3) | The Secretary of State shall, at least six months before the end of the pilot |
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period, lay before each House of Parliament a report on the assessment under |
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(4) | A report under subsection (3) shall include the opinion of the Secretary of State |
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on the extent to which the measures taken as part of the pilots have served to |
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reduce the incidence of anti-social behaviour. |
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18 | General application of relevant delegated powers |
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(1) | During the pilot period, the relevant delegated powers cannot be exercised |
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otherwise than in accordance with the provisions of section 16. |
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(2) | After the pilot period, the Secretary of State may by order extend the |
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application of any relevant delegated powers to England and Wales generally |
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if he is satisfied, in the light of an assessment undertaken in accordance with |
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the provisions of section 17, that to do so would be likely to reduce the |
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incidence of anti-social behaviour. |
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Miscellaneous and final provisions |
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19 | Orders and regulations |
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(1) | Every power conferred by this Act on the Secretary of State or the National |
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Assembly for Wales to make an order or regulations is a power exercisable by |
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(2) | Subject to subsection (5), a statutory instrument containing an order or |
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regulations made by the Secretary of State under this Act shall not be made |
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unless a draft of the statutory instrument has been laid before Parliament and |
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approved by a resolution of each House. |
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(3) | Every power conferred by this Act on a person to make an order or regulations |
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(other than the relevant delegated powers) includes power— |
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(a) | to make different provisions for different cases; |
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(b) | to make provision subject to such exemptions and exceptions as that |
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(c) | to make such incidental, supplemental, consequential and transitional |
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provision as that person thinks fit. |
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(4) | Every relevant delegated power conferred by this Act on the Secretary of State |
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(a) | the powers specified in subsection (3)(a) to (c); |
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(b) | the power to bring provisions into force on different days in relation to |
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(c) | the power to bring provisions into force in relation to a specified area |
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for the purpose of conducting a pilot of the arrangements under which |
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the provisions will have effect when brought into force in relation to |
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other areas or descriptions of persons; and |
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(d) | the power to make transitional provision in connection with the |
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bringing into force of any provision of this Act that has been the subject |
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(5) | Subsection (2) does not apply to a statutory instrument which comprises an |
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order under section 22 bringing a provision of this Act into force. |
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There shall be paid out of money provided by Parliament— |
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(a) | any expenditure incurred by the Secretary of State by virtue of this Act; and |
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(b) | any increase attributable to this Act in the sums payable out of money so |
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provided under any other enactment. |
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“anti-social behaviour order” has the meaning given by section 1 of the |
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Crime and Disorder Act 1998 (c. 37); |
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“the appropriate authority” means— |
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(a) | in relation to England, the Secretary of State, and |
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(b) | in relation to Wales, the National Assembly for Wales; |
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“child” means a person who has not yet attained the age of 18; |
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“housing benefit” has the same meaning as in section 130 of the Social |
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Security Contributions and Benefits Act 1992 (c. 4); |
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“local authority” means any unitary authority, or any county council so |
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far as they are not a unitary authority; |
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“local police force” means a police force maintained for a police area in |
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“the new housing benefit provisions” means provisions of any enactment |
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or any secondary legislation that are made by virtue of an order under |
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“offending families” means households in which one or more members of |
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that household aged 18 or over has been the subject of an anti-social |
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behaviour order and subsequently has been convicted of a relevant |
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offence after the coming into force of section 10; |
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“parent” means a person with parental responsibility within the meaning |
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of section 3 of the Children Act 1989 (c. 41); |
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“pilot area” has the meaning given by section 16(2); |
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“the pilot period” has the meaning given by section 15(2); |
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“prescribed” means prescribed by regulations made by the Secretary of |
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“registrar” has the same meaning as in section 41 of the Births and Deaths |
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Registration Act 1953 (c. 20); |
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“relevant offence” means any offence that the court determines to |
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represent an offence that involved the offender breaching the terms of |
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an anti-social behaviour order; |
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“the relevant delegated powers” has the meaning given by section 15(1); |
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“social responsibility agreement” has the meaning given by section 4; |
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“unitary authority” means— |
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(a) | the council of any county so far as they are the council for an |
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area for which there are no district councils, |
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(b) | the council of any district comprised in an area for which there |
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(c) | the council of a county borough, |
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(d) | the council of a London borough, |
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(e) | the Common Council of the City of London. |
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22 | Short title, commencement and extent |
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(1) | This Act may be cited as the Anti-social Behaviour Act 2005. |
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(2) | The following sections of this Act shall come into force on such date as the |
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Secretary of State may by order determine— |
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(3) | The following sections of this Act shall come into force on such date as the |
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appropriate authority may by order determine— |
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(4) | This Act extends to England and Wales only. |
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