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The Crime and Disorder Act 1998 (Relevant Authorities and Relevant Persons) Order 2006

S.I. 2006/2137 · Made 1 August 2006

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 1st August 2006

Laid before Parliament 3rd August 2006

Coming into force 1st September 2006

The Secretary of State makes the following Order in exercise of the powers conferred by section 1A(2) of the Crime and Disorder Act 1998f1:

Annotations to the whole text

Footnotes

f1

1998 c.37. Section 1A(2) was inserted by section 139(1) and (3) of the Serious Organised Crime and Police Act 2005 (c.15).

Contents

  1. 1Citation and commencement
  2. 2Relevant Authority and Relevant Persons: Environment Agency
  3. 3Relevant Authority and Relevant Persons: Transport for London
  4. Signature
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Crime and Disorder Act 1998 (Relevant Authorities and Relevant Persons) Order 2006 and shall come into force on 1st September 2006.

2Relevant Authority and Relevant Persons: Environment Agency

(1)

The Environment Agency is to be a relevant authority for the purposes of sections 1f1, 1Bf2, 1CAf3 and 1Ef4 of the Crime and Disorder Act 1998 in the cases and circumstances prescribed by paragraph (2).

(2)

Those cases and circumstances are where a person has acted in an anti-social manner on, or in relation to, any land and the Environment Agency has a statutory function in relation to that land.

(3)

The relevant persons in relation to the Environment Agency are—

(a)

persons who are on, or likely to be on, the land referred to in paragraph (2); or

(b)

persons who are in the vicinity of, or likely to be in the vicinity of, that land.

3Relevant Authority and Relevant Persons: Transport for London

(1)

Transport for London is to be a relevant authority for the purposes of sections 1, 1B, 1CA and 1E of the Crime and Disorder Act 1998 in the cases and circumstances prescribed by paragraph (2).

(2)

Those cases and circumstances are where a person has acted in an anti-social manner on, or in relation to, any land or vehicles used in connection with, or for the purposes of, the provision of a relevant transport service.

(3)

The relevant persons in relation to Transport for London are—

(a)

persons who are on, or likely to be on, any of the land or vehicles referred to in paragraph (2); or

(b)

persons who are in the vicinity of, or likely to be in the vicinity of, such land or vehicles.

(4)

In this article—

(a)

the references to Transport for London are references to the body established by section 154 of the Greater London Authority Act 1999f1 (“the 1999 Act”); and

(b)

“relevant transport service” means a bus, tramway, river transport or train service provided by Transport for London or any of its subsidiaries, or by any other person, in pursuance of—

(i)

an agreement entered into by Transport for London under section 156(2) or (3)(a) of the 1999 Act;

(ii)

a transport subsidiary’s agreement within the meaning given by section 169 of the 1999 Act; or

(iii)

an agreement which was entered into by London Regional Transport under section 3(2) or (2A)f2 of the London Regional Transport Act 1984f3 and which, by virtue of section 300 or section 415 of the 1999 Act, has effect as if made by Transport for London.

Signature

Joan Ryan

Parliamentary Under Secretary of State

Home Office

1st August 2006

Explanatory note

(This note is not part of the Order)

This Order, which comes into force on 1st September 2006, provides that the Environment Agency and Transport for London are to be relevant authorities for the purposes of sections 1, 1B, 1CA and 1E of the Crime and Disorder Act 1998, that is to say bodies which (after consultation with the local authority and the police) can apply to a magistrates court for an anti-social behaviour order or (as an adjunct to other proceedings) to a county court for a similar order, for the purpose of protecting the persons specified in articles 2(3) and 3(3) respectively from further anti-social acts. Such bodies can also apply for the variation or discharge of such orders, and of similar orders made on conviction of certain offences.