Section C1 Power to exclude person from home in cases of violence or risk of harmF1

(1)

A respect order may have the effect of excluding the respondent from the place where the respondent normally lives (“the premises”) only if two conditions are met.

(2)

The first condition is that the order is made on the application of—

(a)

a local authority,

(b)

the chief officer of police for the police area that the premises are in, or

(c)

if the premises are owned or managed by a housing provider, that housing provider.

(3)

The second condition is that the court considers that—

(a)

the anti-social behaviour in which the respondent has engaged or threatens to engage consists of or includes the use or threatened use of violence against other persons, or

(b)

there is a significant risk of harm to other persons from the respondent.

(4)

For the purposes of this section a housing provider owns premises if—

(a)

the housing provider is a person (other than a mortgagee not in possession) entitled to dispose of the fee simple of the premises, whether in possession or in reversion, or

(b)

the housing provider is a person who holds or is entitled to the rents and profits of the premises under a lease that (when granted) was for a term of 3 years or more.

Annotations

Textual amendments

F1: Pt. A1 inserted (26.10.2026) by Crime and Policing Act 2026 (c. 20), ss. 1(2), 255(1); S.I. 2026/960, reg. 4(a)