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The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 7, Saving and Transitional Provisions) Order 2014

S.I. 2014/2590 · Made 24 September 2014 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 20 October 2014.

Environmental Protection, Englandandwales

Housing, England And Wales

Housing, England

Police, England And Wales

Made 24th September 2014

The Secretary of State, in exercise of the powers conferred by section 185(1) and (7) of the Anti-social Behaviour, Crime and Policing Act 2014f1, makes the following Order.

Annotations to the whole text

Footnotes

f1

2014 c. 12.

Contents

  1. 1Citation and interpretation
  2. 2Provisions coming into force on 20th October 2014 in relation to England
  3. 3Provisions coming into force on 20th October 2014
  4. 4Saving provision in relation to the coming into force of Part 2
  5. 5Transitional provision in relation to the coming into force of sections 94 and 97 in England
  6. 5ATransitional provision in relation to the coming into force of Part 6
  7. Signature
  8. Explanatory note

1Citation and interpretationI1

(1)

This Order may be cited as the Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 7, Saving and Transitional Provisions) Order 2014.

(2)

In this Order “the 2014 Act” means the Anti-social Behaviour, Crime and Policing Act 2014.

2Provisions coming into force on 20th October 2014 in relation to EnglandI1

The following provisions of the 2014 Act come into force on 20th October 2014 in relation to England—

(a)

section 94 (new ground for serious offences or breach of prohibitions etc);

(b)

section 95 (notice requirements for new ground);

(c)

section 96 (review requirements for new ground), insofar as it is not already in force;

(d)

section 97 (corresponding new ground and notice requirements for assured tenancies);

(e)

section 100(2) and (3) (restrictions where new possession proceedings in progress etc);

(f)

section 181(1) (amendments), insofar as it relates to the provisions of Schedule 11 specified in sub-paragraph (h);

(g)

Schedule 3 (Schedule to be inserted as Schedule 2A to the Housing Act 1985);

(h)

in Schedule 11 (minor and consequential amendments), paragraphs 2, 7 to 10, 13, 14, 15(4), 16, 18, 19, 47(4) and 48.

3Provisions coming into force on 20th October 2014I1

The following provisions of the 2014 Act come into force on 20th October 2014—

(a)

Part 2 (criminal behaviour orders);

(b)

Part 3 (dispersal powers);

(c)

Part 4 (community protection);

(d)

Part 6 (local involvement and accountability) to the extent not already in force;

(e)

section 181(1) (amendments), insofar as it relates to the provisions of Schedule 11 specified in sub-paragraph (g);

(f)

Schedule 4 (ASB case reviews: supplementary provision), to the extent not already in force;

(g)

in Schedule 11 (minor and consequential amendments), the following paragraphs—

(i)

paragraphs 3 to 5;

(ii)

paragraph 21;

(iii)

paragraph 24(a), insofar as it relates to the repeal of the following provisions of the Crime and Disorder Act 1998f1—

(aa)

in section 1(1A), the reference to “1C, 1CA”;

(bb)

in section 1A(2)(a), the reference to “1CA”;

(cc)

section 1C;

(dd)

section 1CA;

(ee)

section 1D(1)(c) and (d) and (6);

(ff)

section 1D(2) insofar as it relates to a case falling within subsection (1)(c) or (d);

(gg)

section 1D(4)(c) insofar as it relates to a case falling within subsection (1)(c) or (d);

(hh)

section 1I(1)(b);

(ii)

section 1J(1)(c);

(jj)

section 1K(2);

(iv)

paragraphs 25 and 26;

(v)

paragraph 30;

(vi)

paragraphs F132 to 43 and 45;

F2(vii)

paragraph 44 insofar as it relates to the repeal of the following provisions of the Violent Crime Reduction Act 2006—

(aa)

sections 6 to 8;

(bb)

section 9(1)(b) and (9);

(cc)

sections 9(7)(b) and 10(1) insofar as they relate to a drinking banning order made under section 6 of the Violent Crime Reduction Act 2006.

F3(viii)

in paragraph 50, the repeals relating to—

(aa)

the Licensing Act 2003f2;

(bb)

sections 14(3)(a) and 56(1) of the Anti-social Behaviour Act 2003f3;

(cc)

paragraph 59 of Schedule 26 to the Criminal Justice Act 2003f4;

(dd)

paragraph 36 of Schedule 7 to the Serious Organised Crime and Police Act 2005f5;

(ee)

the Clean Neighbourhoods and Environment Act 2005f6;

(ff)

paragraph 7 of Schedule 1 to the Drugs Act 2005f7;

(gg)

sections 8(7) and 26 of the Violent Crime Reduction Act 2006f8;

(hh)

section 118 of, and Schedule 20 to, the Criminal Justice and Immigration Act 2008f9;

(ii)

the Policing and Crime Act 2009f10;

(jj)

the Police Reform and Social Responsibility Act 2011f11;

(kk)

the Localism Act 2011f12.

4Saving provision in relation to the coming into force of Part 2I1

Notwithstanding the commencement of paragraphs 25 and 26 of Schedule 11 to the 2014 Act, F1sections 8 and 9 of the Crime and Disorder Act 1998 as in force immediately before the commencement of those provisions continue to apply to an anti-social behaviour order within the meaning of section 1 of that Act.

5Transitional provision in relation to the coming into force of sections 94 and 97 in EnglandI1

In relation to the coming into force of sections 94 and 97 of the 2014 Act (absolute grounds for possession) in England, condition 5 in section 84A(7) of the Housing Act 1985f1 and in Ground 7A of Part 1 of Schedule 2 to the Housing Act 1988f2 is only met if the offence under—

(a)

section 80(4) of the Environmental Protection Act 1990f3 (breach of abatement notice in relation to statutory nuisance), or

(b)

section 82(8) of that Act (breach of court order to abate statutory nuisance etc.),

is committed by the tenant, or a person residing in or visiting the dwelling-house, on or after 20th October 2014.

5ATransitional provision in relation to the coming into force of Part 6F1

Until Part 1 of the 2014 Act comes into force, section 102(1)(c) is to be read as if for “an injunction under section 1” there were substituted “an order under section 1 of the Crime and Disorder Act 1998 or an injunction under section 153A of the Housing Act 1996”.

Signature

Norman Baker

Minister of State

Home Office

24th September 2014

Explanatory note

(This note is not part of the Order)

This Order brings into force various provisions of the Anti-social Behaviour, Crime and Policing Act 2014 (“the 2014 Act”).

Article 2 brings into force provisions relating to the recovering of possession of dwelling houses on anti-social behaviour grounds, in relation to England, as well as minor and consequential amendments relating to provisions mentioned in articles 2 and 3.

Article 3 brings into force provisions relating to criminal behaviour orders, dispersal powers, community protection and local involvement and accountability.

Article 4 makes saving provision in relation to the coming into force of Part 2 of the Act to allow for parenting orders to be made where a criminal behaviour order has been made.

Article 5 makes transitional provision in relation to the coming into force of sections 94 and 97 of the 2014 Act in England to ensure that condition 5 in the new absolute grounds for possession is only met where the offence under the Environmental Protection Act 1990 is committed on or after 20th October 2014.