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The Anti-social Behaviour Act 2003 (Commencement No. 4) Order 2004

S.I. 2004/2168 · Made 20 August 2004

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

CRIMINAL LAW, ENGLAND AND WALES

Made 20th August 2004

In exercise of the powers conferred upon him by sections 93 and 94(2) of the Anti-social Behaviour Act 2003f1, the Secretary of State hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2003 c. 38; the powers in section 93 are extended by section 85(9).

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. 4Article 4
  5. 5Article 5
  6. Signature
  7. Explanatory note

1

This Order may be cited as the Anti-social Behaviour Act 2003 (Commencement No. 4) Order 2004.

2

The following provisions of the Anti-social Behaviour Act 2003 shall come into force on 30th September 2004–

(a)

in Part 9 (miscellaneous powers)–

(i)

section 85(6) (anti-social behaviour orders) to the extent not already in force;

(ii)

section 88 (curfew orders and supervision orders) in so far as it relates to the sub-paragraphs of Schedule 2 detailed in paragraph (iii) below; and

(iii)

paragraphs 1, 2(1) and (3), 3, 4, 5 and 6 of Schedule 2 (curfew orders and supervision orders);

(b)

in Part 10 (general)–

(i)

section 92 (repeals) in so far as it relates to the entries in Schedule 3 in sub-paragraph (ii) below; and

(ii)

in Schedule 3 (repeals), the entries relating to Schedules 6 and 7 of the Powers of Criminal Courts (Sentencing) Act 2000f1.

3

(1)

The following provisions of the Anti-social Behaviour Act 2003 shall come into force in the areas of the local authorities specified in paragraph (2) below on 30th September 2004–

(a)

in Part 9 (miscellaneous powers)–

(i)

section 88 (curfew orders and supervision orders) in so far as it relates to paragraph 2(2) of Schedule 2; and

(ii)

paragraph 2(2) of Schedule 2 (curfew orders and supervision orders);

(b)

in Part 10 (general)–

(i)

section 92 (repeals) in so far as it relates to the entry in Schedule 3 in paragraph (ii) below; and

(ii)

in Schedule 3 (repeals), the entry relating to section 37(4) of the Powers of Criminal Courts (Sentencing) Act 2000.

(2)

The following local authorities are specified for the purposes of paragraph (1) above–

(a)

Birmingham City Council;

(b)

Bolton Metropolitan Borough Council;

(c)

Bridgend County Borough Council;

(d)

Calderdale Metropolitan Borough Council;

(e)

Cardiff County Council;

(f)

City and County of Swansea Council

(g)

Coventry City Council

(h)

Kirklees Metropolitan Council;

(i)

Leeds City Council;

(j)

Liverpool City Council;

(k)

London Borough of Barking and Dagenham;

(l)

London Borough of Bexley

(m)

London Borough of Bromley;

(n)

London Borough of Croydon;

(o)

London Borough of Greenwich;

(p)

London Borough of Havering;

(q)

London Borough of Lewisham;

(r)

London Borough of Merton;

(s)

London Borough of Redbridge;

(t)

London Borough of Richmond upon Thames;

(u)

London Borough of Southwark;

(v)

London Borough of Sutton;

(w)

London Borough of Waltham Forest;

(x)

Merthyr Tydfil County Borough Council;

(y)

Neath Port Talbot County Borough Council;

(z)

Nottingham City Council;

(aa)

Oldham Metropolitan Borough Council;

(bb)

Rhonda Cynon Taf County Borough Council;

(cc)

Royal Borough of Kingston upon Thames;

(dd)

Solihull Metropolitan Borough Council;

(ee)

Stockport Metropolitan Borough Council;

(ff)

Thameside Metropolitan Borough Council; and

(gg)

Vale of Glamorgan Council.

4

(1)

Section 85(5) (anti-social behaviour orders) of the Anti-social Behaviour Act 2003 shall, to the extent not already in force, come into force on 1st October 2004 for a period of eighteen months in relation to applications for anti-social behaviour orders in county court proceedings made at the county courts specified in paragraph (2) below.

(2)

The following county courts are specified for the purposes of paragraph (1) above–

(a)

Bristol;

(b)

Central London;

(c)

Clerkenwell;

(d)

Dewsbury;

(e)

Huddersfield;

(f)

Leicester;

(g)

Manchester;

(h)

Oxford;

(i)

Tameside;

(j)

Wigan; and

(k)

Wrexham.

5

The following provisions of Part 8 (high hedges) of the Anti-social Behaviour Act 2003 shall come into force on 1st October 2004 in relation to complaints about hedges situated in England–

(a)

section 71(7) (appeals against remedial notices and other decisions of relevant authorities); and

(b)

section 72 (appeals procedure).

Signature

Fiona Mactaggart

Parliamentary-Under Secretary of State

Home Office

20th August 2004

Explanatory note

(This note is not part of the Order)

This Order brings into force on 30th September 2004 in England and Wales the provisions of the Anti-social Behaviour Act 2003 (“the 2003 Act”) set out in article 2 either generally or to the extent specified.

The provisions set out in article 3(1) are brought into force on 30th September 2004 in the areas of the local authorities set out in article 3(2).

Article 4(1) brings section 85(5) of the 2003 Act into force in relation to juveniles on 1st October 2004 for a period of 18 months to allow a pilot to be conducted. It is brought into force in relation to applications for anti-social behaviour orders made at the county courts specified in article 4(2).

Article 5 brings sections 71(7) and 72 in Part 8 (high hedges) of the 2003 Act into force on 1st October 2004 in relation to hedges situated in England.