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The Anti-social Behaviour Act 2003 (Commencement No.4) (Wales) Order 2005

W.S.I. 2005/1225 · Made 26 April 2005

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.

HOUSING, WALES

ANTI-SOCIAL BEHAVIOUR, WALES

LOCAL GOVERNMENT, WALES

Made 26 April 2005

The National Assembly for Wales, in exercise of the powers conferred upon it by section 93(2)(b) and 94(2) of the Anti-social Behaviour Act 2003f1, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2003 c. 38

Contents

  1. 1Name, interpretation and application
  2. 2Provisions coming into force on the commencement date
  3. Signature
  4. Explanatory note

1Name, interpretation and application

(1)

This Order is called the Anti-social Behaviour Act 2003 (Commencement No.4) (Wales) Order 2005.

(2)

In this Order—

(a)

“the commencement date” (“y dyddiad cychwyn”) means 30 April 2005; and

(b)

references to sections and Schedules are, unless otherwise stated, references to sections of, and Schedules to, the Anti-social Behaviour Act 2003.

(3)

This Order applies to Wales.

2Provisions coming into force on the commencement date

The following provisions of Part 2 (Housing) come into force on the commencement date—

(a)

section 12 (anti-social behaviour: landlords' policies and procedures);

(b)

section 14 and schedule 1 (security of tenure: anti-social behaviour) (demoted tenancies) to the extent that they are not already in force;

(c)

section 15 (demoted assured shorthold tenancies).

Signature

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998f1.

D. Elis-Thomas

The Presiding Officer of the National Assembly

26 April 2005

Explanatory note

(This note is not part of the Order)

This Order brings into force on 30 April 2005, in relation to Wales, the remainder of the provisions of Part 2 (Housing) of the Anti-social Behaviour Act 2003.

Section 12 introduces a new duty on social landlords to prepare and publish policies and procedures on anti-social behaviour, and to make them available to the public. In preparing and reviewing the policies and procedures, the landlord must have regard to guidance issued by the National Assembly for Wales.

Sections 14 and 15, and Schedule 1 allow social landlords to apply for demotion orders in cases of anti-social behaviour. The demotion order ends the tenant’s existing secure or assured tenancy and replaces it with a new form of demoted tenancy with less security of tenure. Section 14 and Schedule 1 were commenced in so far they gave the power to make regulations on 30 September 2004.