Anti-social Behaviour Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Anti-social Behaviour Bill

Anti-social Behaviour Bill
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Anti-social neighbours
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Removal of housing benefit for anti-social behaviour
(1)
The Secretary of State shall by order amend—
(a)
the Social Security Contributions and Benefits Act 1992 (c. 4),
(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
necessary to amend,

in order to secure the objectives specified in subsections (2) and (3).
(2)
The objective specified in this subsection is to provide that offending families
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
the age of 18 is convicted of a relevant offence.
(3)
The objective specified in this subsection is to provide that, where a tenant
ceases to be eligible for housing benefit in accordance with the new housing
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
of one year beginning with the date on which the tenant is convicted of a
relevant offence.
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Neighbourhood improvement services
(1)
It shall be the duty of every local authority to establish and maintain a
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neighbourhood improvement service.
(2)
The purpose of a neighbourhood improvement service established and
maintained in pursuance of the duty under subsection (1) shall be to support
residents in the area in combatting anti-social behaviour.
(3)
In pursuance of its duty under subsection (1), every local authority shall
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provide or secure the provision of—
(a)
mediation and arbitration services in relation to alleged anti-social
behaviour,
(b)
residential accommodation for offending families in accordance with
the provisions of section 12.
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Residential accommodation for offending families
(1)
Where an offending family ceases to receive housing benefit by virtue of the
new housing benefit provisions, it shall the duty of the local authority in the
area of which the offending family was resident at the commencement of the
specified period to provide residential accommodation for the offending
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family for the specified period.
(2)
In providing residential accommodation under this Act, the local authority
shall have regard to the desirability of—
(a)
securing that the offending family is housed in a location that
minimises the opportunities for continuing anti-social behaviour, and
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(b)
minimising the prospects for disruption to persons and communities
that were affected by the anti-social behaviour that gave rise to the
offending family ceasing to receive housing benefit by virtue of the new
housing benefit provisions.

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(3)
For the purposes of this section “the specified period”—
(a)
begins on the date on which the offending family ceases to be eligible
for housing benefit by virtue of the new housing benefit provisions, and
(b)
ends six months after the date referred to in paragraph (a).
Court support for community action
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Court support for community legal action
(1)
This section applies to criminal proceedings in England and Wales where—
(a)
those proceedings have not been initiated by a body or person specified
in subsection (2),
(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
(c)
the court is satisfied that the person or persons initiating the
proceedings have the support of a significant element of the
community in which he or they and the person specified in paragraph
(b) are resident.
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(2)
The bodies and persons specified in this subsection are—
(a)
a police force within the meaning of section 3(3) of the Prosecution of
Offences Act 1985 (c. 23),
(b)
the Crown Prosecution Service,
(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
provision enabling the court to—
(a)
issue a warrant for the arrest of the person who stands to be bound over
to keep the peace or be of good behaviour, and
(b)
take such other steps as are appropriate to secure the attendance of that
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person in court.
(4)
The Secretary of State may make provision by regulations for the purposes of
the interpretation of subsection (1)(c).
(5)
Any power to make regulations under this section is subject to the provisions
of sections 16 to 18.
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Accountability of chief officers of police
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Failure of police anti-social behaviour strategy
(1)
The Secretary of State may by regulations make provision for—
(a)
the holding of a referendum on the reduction of the salary of a chief
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
met, and
(b)
a specified outcome of such a referendum that will lead to a reduction
of the salary of the chief officer concerned for the year in which the
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
force’s strategy to counter anti-social behaviour is ineffective, or
(b)
the collection by residents holding that view of a prescribed number of
signatories to a petition presented to the Secretary of State in a
prescribed manner.
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(3)
Any referendum that is to be held in accordance with regulations under this
section shall be held on the same day as—
(a)
a parliamentary election that is not a by-election, or
(b)
a relevant local election.
(4)
Any power to make regulations under this section is subject to the provisions
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of sections 16 to 18.
(5)
In this section “a relevant local election” means—
(a)
an election for a local authority, or
(b)
elections for more than one local authority held on the same day,

where that election or those elections cover the whole of the police area.
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Piloting, etc.
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Meaning of “the relevant delegated powers” and “the pilot period”
(1)
In this Act “the relevant delegated powers” means—
(a)
any power to make regulations or an order under the following
sections—
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(i)
section 1,
(ii)
section 13,
(iii)
section 14; and
(b)
any power to make an order under section 22 that relates to the coming
into force of a section specified in paragraph (a).
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(2)
In this Act “the pilot period” means the period that—
(a)
begins with date on which the section which grants any of the relevant
delegated powers came into force, and
(b)
ends three years after the date specified in paragraph (a).
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Piloting of certain provisions of this Act
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(1)
During a pilot period, relevant delegated powers may only be exercised in
respect of pilot areas.
(2)
A pilot area shall be the area of a police force maintained for a police area in
England and Wales.
(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—
(a)
section 1,
(b)
section 13,
(c)
section 14.

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Assessment of pilots
(1)
No less than two years after the commencement of any pilot period, the
Secretary of State shall undertake an assessment of the impact of the pilots held
during that part of that pilot period.
(2)
In undertaking an assessment under subsection (1), the Secretary of State shall
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consult—
(a)
the local police force in the pilot area,
(b)
any local authority within the pilot area, and
(c)
residents of the pilot area, including, in particular, those most likely to
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
period, lay before each House of Parliament a report on the assessment under
subsection (1).
(4)
A report under subsection (3) shall include the opinion of the Secretary of State
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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General application of relevant delegated powers
(1)
During the pilot period, the relevant delegated powers cannot be exercised
otherwise than in accordance with the provisions of section 16.
(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
if he is satisfied, in the light of an assessment undertaken in accordance with
the provisions of section 17, that to do so would be likely to reduce the
incidence of anti-social behaviour.
Miscellaneous and final provisions
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Orders and regulations
(1)
Every power conferred by this Act on the Secretary of State or the National
Assembly for Wales to make an order or regulations is a power exercisable by
statutory instrument.
(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
unless a draft of the statutory instrument has been laid before Parliament and
approved by a resolution of each House.
(3)
Every power conferred by this Act on a person to make an order or regulations
(other than the relevant delegated powers) includes power—
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(a)
to make different provisions for different cases;
(b)
to make provision subject to such exemptions and exceptions as that
person thinks fit; and
(c)
to make such incidental, supplemental, consequential and transitional
provision as that person thinks fit.
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(4)
Every relevant delegated power conferred by this Act on the Secretary of State
includes—
(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
different areas;
(c)
the power to bring provisions into force in relation to a specified area
for the purpose of conducting a pilot of the arrangements under which
the provisions will have effect when brought into force in relation to
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other areas or descriptions of persons; and
(d)
the power to make transitional provision in connection with the
bringing into force of any provision of this Act that has been the subject
of a pilot.
(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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Expenses
There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred by the Secretary of State by virtue of this Act; and
(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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Interpretation
In this Act—
“anti-social behaviour order” has the meaning given by section 1 of the
Crime and Disorder Act 1998 (c. 37);
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“the appropriate authority” means—
(a)
in relation to England, the Secretary of State, and
(b)
in relation to Wales, the National Assembly for Wales;
“child” means a person who has not yet attained the age of 18;
“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);
“local authority” means any unitary authority, or any county council so
far as they are not a unitary authority;
“local police force” means a police force maintained for a police area in
England and Wales;
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“the new housing benefit provisions” means provisions of any enactment
or any secondary legislation that are made by virtue of an order under
section 10;
“offending families” means households in which one or more members of
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
offence after the coming into force of section 10;
“parent” means a person with parental responsibility within the meaning
of section 3 of the Children Act 1989 (c. 41);
“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);
“prescribed” means prescribed by regulations made by the Secretary of
State;
“registrar” has the same meaning as in section 41 of the Births and Deaths
Registration Act 1953 (c. 20);
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“relevant offence” means any offence that the court determines to
represent an offence that involved the offender breaching the terms of
an anti-social behaviour order;
“the relevant delegated powers” has the meaning given by section 15(1);
“social responsibility agreement” has the meaning given by section 4;
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“unitary authority” means—
(a)
the council of any county so far as they are the council for an
area for which there are no district councils,
(b)
the council of any district comprised in an area for which there
is no county council,
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(c)
the council of a county borough,
(d)
the council of a London borough,
(e)
the Common Council of the City of London.
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Short title, commencement and extent
(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
Secretary of State may by order determine—
(a)
sections 1 to 4,
(b)
sections 7 and 8,
(c)
section 10,
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(d)
sections 13 and 14.
(3)
The following sections of this Act shall come into force on such date as the
appropriate authority may by order determine—
(a)
sections 5 and 6
(b)
section 9,
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(c)
sections 11 and 12.
(4)
This Act extends to England and Wales only.