Police and Justice Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Police and Justice Bill

Police and Justice Bill
Part 3 — Crime and anti-social behaviour
13

(9)
In this section “local crime and disorder matter” means a matter
concerning—
(a)
crime and disorder (including anti-social and other behaviour
adversely affecting the local environment) in the area
represented by the councillor in question, or
5
(b)
the misuse of drugs, alcohol or other substances in that area.
21B
Guidance and regulations regarding crime and disorder matters
(1)
The Secretary of State may issue guidance to—
(a)
local authorities in England,
(b)
councillors of those authorities, and
10
(c)
overview and scrutiny committees of those authorities,

with regard to the exercise of their functions under section 21A.
(2)
The National Assembly for Wales, after consulting the Secretary of
State, may issue guidance to—
(a)
local authorities in Wales,
15
(b)
councillors of those authorities, and
(c)
overview and scrutiny committees of those authorities,

with regard to the exercise of their functions under section 21A.
(3)
The Secretary of State may by regulations make provision
supplementing that made by section 21A in relation to local authorities
20
in England.
(4)
The Secretary of State, after consulting the National Assembly for
Wales, may by regulations make provision supplementing that made
by section 21A in relation to local authorities in Wales.
(5)
Regulations under subsection (3) or (4) may in particular make
25
provision—
(a)
as to the co-opting of additional members to serve on the
relevant committee of a local authority when the committee is
exercising functions under section 21A;
(b)
as to the frequency with which the power mentioned in section
30
21A(2)(a) is to be exercised;
(c)
requiring information to be provided to the relevant committee
by the responsible authorities and the co-operating persons and
bodies;
(d)
imposing restrictions on the provision of information to the
35
relevant committee by the responsible authorities and the co-
operating persons and bodies;
(e)
requiring officers or employees of the responsible authorities
and the co-operating persons and bodies to attend before the
relevant committee to answer questions;
40
(f)
specifying how a person is to refer a matter to a councillor, or to
the executive of a local authority, under section 21A(4);
(g)
specifying the periods within which—
(i)
a councillor is to deal with a request under section
21A(4);
45
(ii)
the executive of a local authority is to deal with a matter
referred under section 21A(4)(b);

Police and Justice Bill
Part 3 — Crime and anti-social behaviour
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(iii)
the relevant committee is to deal with a matter referred
as mentioned in section 21A(6);
(iv)
the responsible authorities and the co-operating persons
and bodies are to consider and respond to a report or
recommendations made under or by virtue of section
5
21A.
(6)
Regulations made by virtue of subsection (5)(a) may provide for a
person co-opted to serve as a member of a relevant committee when it
is exercising functions under section 21A to have the same entitlement
to vote as any other member.
10
(7)
In this section “relevant committee”, “responsible authorities” and “co-
operating persons and bodies” have the same meaning as in section
21A.”
Parenting contracts and parenting orders
16
Parenting contracts: local authorities and registered social landlords
15
(1)
In Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities),
after section 25 there is inserted—
“25A
Parenting contracts in respect of anti-social behaviour: local
authorities
(1)
A local authority may enter into a parenting contract with a parent of a
20
child or young person if—
(a)
the local authority has reason to believe that the child or young
person has engaged, or is likely to engage, in anti-social
behaviour, and
(b)
the child or young person resides, or appears to reside, in the
25
local authority’s area.
(2)
A parenting contract is a document which contains—
(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
30
(b)
a statement by the local authority that it agrees to provide
support to the parent for the purpose of complying with those
requirements.
(3)
The requirements mentioned in subsection (2)(a) may include (in
particular) a requirement to attend a counselling or guidance
35
programme.
(4)
The purpose of the requirements mentioned in subsection (2)(a) is to
prevent the child or young person from engaging in anti-social
behaviour or further anti-social behaviour.
(5)
A parenting contract must be signed by the parent and signed on behalf
40
of the local authority.
(6)
A parenting contract does not create any obligations in respect of
whose breach any liability arises in contract or in tort.
(7)
In carrying out their functions in relation to parenting contracts—

Police and Justice Bill
Part 3 — Crime and anti-social behaviour
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(a)
local authorities in England shall have regard to any guidance
which is issued by the Secretary of State from time to time for
that purpose;
(b)
local authorities in Wales shall have regard to any guidance
which is issued by the National Assembly for Wales from time
5
to time for that purpose.
25B
Parenting contracts in respect of anti-social behaviour: registered
social landlords
(1)
A registered social landlord may enter into a parenting contract with a
parent of a child or young person if—
10
(a)
the registered social landlord has reason to believe that the child
or young person—
(i)
has engaged in anti-social behaviour, or
(ii)
is likely to engage in such behaviour,

and
15
(b)
that behaviour directly or indirectly relates to or affects the
housing management functions of the registered social landlord
(or, where paragraph (a)(ii) applies, would do so if the
behaviour were engaged in).
(2)
A parenting contract is a document which contains—
20
(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 registered social landlord that it agrees to
make arrangements for the provision of support to the parent
25
for the purpose of complying with those requirements.
(3)
The requirements mentioned in subsection (2)(a) may include (in
particular) a requirement to attend a counselling or guidance
programme.
(4)
The purpose of the requirements mentioned in subsection (2)(a) is to
30
prevent the child or young person from engaging in anti-social
behaviour or further anti-social behaviour.
(5)
A parenting contract must be signed by the parent and signed on behalf
of the registered social landlord.
(6)
A parenting contract does not create any obligations in respect of
35
whose breach any liability arises in contract or in tort.
(7)
In carrying out their functions in relation to parenting contracts—
(a)
registered social landlords on the register maintained by the
Housing Corporation shall have regard to any guidance which
is issued by the Secretary of State from time to time for that
40
purpose;
(b)
registered social landlords on the register maintained by the
National Assembly for Wales shall have regard to any guidance
which is issued by the Assembly from time to time for that
purpose.”
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(2)
In section 29(1) of that Act (interpretation of sections 25 to 29) the following
definitions are inserted at the appropriate places—

Police and Justice Bill
Part 3 — Crime and anti-social behaviour
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““housing accommodation” has the meaning given by section 153E(9) of
the Housing Act 1996;”;
““housing management functions”, in relation to a registered social
landlord, include—
(a)
functions conferred by or under any enactment;
5
(b)
the powers and duties of the landlord as the holder of an estate
or interest in housing accommodation;”;
““local authority” means—
(a)
a county council in England;
(b)
a metropolitan district council;
10
(c)
a non-metropolitan district council for an area for which there is
no county council;
(d)
a London borough council;
(e)
the Common Council of the City of London;
(f)
the Council of the Isles of Scilly;
15
(g)
a county council or county borough council in Wales;”;
““registered social landlord” means a body registered as such under
Chapter 1 of Part 1 of the Housing Act 1996;”.
17
Parenting orders: local authorities and registered social landlords
In Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities),
20
after section 26 there is inserted—
“26A
Parenting orders in respect of anti-social behaviour: local authorities
(1)
A local authority may apply for a parenting order in respect of a parent
of a child or young person if—
(a)
the local authority has reason to believe that the child or young
25
person has engaged in anti-social behaviour, and
(b)
the child or young person resides, or appears to reside, in the
local authority’s area.

An application for such an order may be made to a magistrates’ court
or, where section 26C so allows, to a county court.
30
(2)
If such an application is made, the court may make a parenting order in
respect of a parent of the child or young person if it is satisfied—
(a)
that the child or young person has engaged in anti-social
behaviour, and
(b)
that making the order would be desirable in the interests of
35
preventing the child or young person from engaging in further
anti-social behaviour.
(3)
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
40
(b)
subject to subsection (4), to attend, for a concurrent period not
exceeding three months, such counselling or guidance
programme as may be specified in directions given by the
responsible officer.
(4)
A parenting order under this section may, but need not, include a
45
requirement mentioned in subsection (3)(b) in any case where a

Police and Justice Bill
Part 3 — Crime and anti-social behaviour
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parenting order under this section or any other enactment has been
made in respect of the parent on a previous occasion.
(5)
A counselling or guidance programme which a parent is required to
attend by virtue of subsection (3)(b) may be or include a residential
course but only if the court is satisfied that the following two conditions
5
are fulfilled.
(6)
The first condition is that the attendance of the parent at a residential
course is likely to be more effective than his attendance at a non-
residential course in preventing the child or young person from
engaging in further anti-social behaviour.
10
(7)
The second condition is that any interference with family life which is
likely to result from the attendance of the parent at a residential course
is proportionate in all the circumstances.
26B
Parenting orders in respect of anti-social behaviour: registered social
landlords
15
(1)
A registered social landlord may apply for a parenting order in respect
of a parent of a child or young person if—
(a)
the registered social landlord has reason to believe that the child
or young person has engaged in anti-social behaviour, and
(b)
the behaviour in question directly or indirectly relates to or
20
affects the housing management functions of the registered
social landlord.

An application for such an order may be made to a magistrates’ court
or, where section 26C so allows, to a county court.
(2)
If such an application is made, the court may make a parenting order in
25
respect of a parent of the child or young person if it is satisfied—
(a)
that the child or young person has engaged in anti-social
behaviour, and
(b)
that making the order would be desirable in the interests of
preventing the child or young person from engaging in further
30
anti-social behaviour.
(3)
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
(b)
subject to subsection (4), to attend, for a concurrent period not
35
exceeding three months, such counselling or guidance
programme as may be specified in directions given by the
responsible officer.
(4)
A parenting order under this section may, but need not, include a
requirement mentioned in subsection (3)(b) in any case where a
40
parenting order under this section or any other enactment has been
made in respect of the parent on a previous occasion.
(5)
A counselling or guidance programme which a parent is required to
attend by virtue of subsection (3)(b) may be or include a residential
course but only if the court is satisfied that the following two conditions
45
are fulfilled.

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(6)
The first condition is that the attendance of the parent at a residential
course is likely to be more effective than his attendance at a non-
residential course in preventing the child or young person from
engaging in further anti-social behaviour.
(7)
The second condition is that any interference with family life which is
5
likely to result from the attendance of the parent at a residential course
is proportionate in all the circumstances.
(8)
A registered social landlord must not make an application under this
section without first consulting the local authority in whose area the
child or young person in question resides or appears to reside.
10
26C
Applications under section 26A or 26B in county court proceedings
(1)
Where a local authority or registered social landlord (a “relevant
authority”)—
(a)
is a party to proceedings in a county court, and
(b)
considers that a party to those proceedings is a person in
15
relation to whom it would be reasonable for it to make an
application for a parenting order under section 26A or 26B (a
“parenting order application”),

it may make such an application to that court in relation to that person.
(2)
Where—
20
(a)
a relevant authority considers that a party to proceedings in a
county court is a person in relation to whom it would be
reasonable for it to make a parenting order application, but
(b)
the relevant authority is not a party to those proceedings,

it may apply to be joined to those proceedings to enable it to make a
25
parenting order application.
(3)
Where—
(a)
there are proceedings in a county court to which a relevant
authority is a party, and
(b)
the relevant authority considers that a child or young person
30
has engaged in anti-social behaviour that is material in relation
to the proceedings,

the relevant authority may apply for a person who is a parent of the
child or young person to be joined to the proceedings to enable it to
make a parenting order application in relation to him.
35
(4)
A person must not be joined to proceedings in pursuance of subsection
(3) unless the anti-social behaviour in question is material in relation to
those proceedings.”
18
Contracting out of local authority functions with regard to parenting contracts
and parenting orders
40
In Part 3 of the Anti-social Behaviour Act 2003 (c. 38) (parental responsibilities),
after section 28 there is inserted—
“28A
Contracting out of local authority functions
(1)
An order made by—
(a)
the Secretary of State as regards local authorities in England, or
45

Police and Justice Bill
Part 3 — Crime and anti-social behaviour
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(b)
the National Assembly for Wales as regards local authorities in
Wales,

may provide that a local authority may make arrangements with a
person who is specified in the order, or is of a description so specified,
for the exercise of any function it has under or by virtue of section 25A
5
or 26A.
(2)
The order may provide—
(a)
that the power of the local authority to make the arrangements
is subject to such conditions as are specified in the order;
(b)
that the arrangements must be subject to such conditions as are
10
so specified;
(c)
that the arrangements may be made subject to such other
conditions as the local authority thinks appropriate.
(3)
The order may provide that the arrangements may authorise the
exercise of the function—
15
(a)
either wholly or to such extent as may be specified in the order
or arrangements;
(b)
either generally or in such cases or areas as may be so specified.
(4)
An order under this section may provide that the person with whom
arrangements are made in pursuance of the order is to be treated as if
20
he were a public body for the purposes of section 1 of the Local
Authorities (Goods and Services) Act 1970.
(5)
The Secretary of State or (as the case may be) the National Assembly for
Wales must not make an order under this section without first
consulting—
25
(a)
such representatives of local government as appear to be
appropriate;
(b)
such other persons as appear to be appropriate.
(6)
Any arrangements made by a local authority in pursuance of an order
under this section do not prevent the local authority from exercising the
30
function to which the arrangements relate.
(7)
The following provisions of the Deregulation and Contracting Out Act
1994 apply for the purposes of arrangements made in pursuance of an
order under this section as they apply for the purposes of an
authorisation to exercise functions by virtue of an order under section
35
70(2) of that Act—
(a)
section 72 (effect of contracting out);
(b)
section 73 (termination of contracting out);
(c)
section 75 and Schedule 15 (provision relating to disclosure of
information);
40
(d)
paragraph 3 of Schedule 16 (authorised persons to be treated as
officers of local authority).
(8)
For the purposes of subsection (7), any reference in the provisions
specified in paragraphs (a) to (d) to a person authorised to exercise a
function is to be construed as a reference to a person with whom an
45
arrangement is made for the exercise of the function in pursuance of an
order under this section.