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Anti-social Behaviour Bill


Anti-social Behaviour Bill
Part 2 — Housing

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 14    Security of tenure: anti-social behaviour

     (1)    In the Housing Act 1985 (c. 68) section 82 (which makes provision in relation to

security of tenure) is amended as follows—

           (a)           in subsection (1) for the words from “of the court” to the end of the

subsection there is substituted “mentioned in subsection (1A)”;

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           (b)           after subsection (1) there is inserted the following subsection—

                  “(1A)                    These are the orders—

                        (a)                        an order of the court for the possession of the dwelling-

house;

                        (b)                        an order under subsection (3);

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                        (c)                        a demotion order under section 82A.”

     (2)    After section 82 of that Act there is inserted the following section—

       “82A  Demotion because of anti-social behaviour

           (1)           This section applies to a secure tenancy if the landlord is—

                  (a)                 a local housing authority;

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                  (b)                 a housing action trust;

                  (c)                 a registered social landlord.

           (2)           The landlord may apply to a county court for a demotion order.

           (3)           A demotion order has the following effect—

                  (a)                 the secure tenancy is terminated with effect from the date

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specified in the order;

                  (b)                 if the tenant remains in occupation of the dwelling-house after

that date a demoted tenancy is created with effect from that

date;

                  (c)                 it is a term of the demoted tenancy that any arrears of rent

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payable at the termination of the secure tenancy become

payable under the demoted tenancy;

                  (d)                 it is also a term of the demoted tenancy that any rent paid in

advance or overpaid at the termination of the secure tenancy is

credited to the tenant’s liability to pay rent under the demoted

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tenancy.

           (4)           The court must not make a demotion order unless it is satisfied—

                  (a)                 that the tenant or a person residing in or visiting the dwelling-

house has engaged or has threatened to engage in conduct to

which section 153A or 153B of the Housing Act 1996 (anti-social

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behaviour or use of premises for unlawful purposes) applies,

and

                  (b)                 that it is reasonable to make the order.

           (5)           Each of the following has effect in respect of a demoted tenancy at the

time it is created by virtue of an order under this section as it has effect

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in relation to the secure tenancy at the time it is terminated by virtue of

the order—

                  (a)                 the parties to the tenancy;

                  (b)                 the period of the tenancy;

                  (c)                 the amount of the rent;

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                  (d)                 the dates on which the rent is payable.

 

 

Anti-social Behaviour Bill
Part 2 — Housing

    14

 

           (6)           Subsection (5)(b) does not apply if the secure tenancy was for a fixed

term and in such a case the demoted tenancy is a weekly periodic

tenancy.

           (7)           If the landlord of the demoted tenancy serves on the tenant a statement

of any other express terms of the secure tenancy which are to apply to

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the demoted tenancy such terms are also terms of the demoted tenancy.

           (8)           For the purposes of this section a demoted tenancy is—

                  (a)                 a tenancy to which section 143A of the Housing Act 1996 applies

if the landlord of the secure tenancy is a local housing authority

or a housing action trust;

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                  (b)                 a tenancy to which section 20B of the Housing Act 1988 applies

if the landlord of the secure tenancy is a registered social

landlord.”

     (3)    In the Housing Act 1988 (c. 50) after section 6 (which makes provision about

fixing the terms of a statutory periodic tenancy) there is inserted the following

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section—

       “6A  Demotion because of anti-social behaviour

           (1)           This section applies to an assured tenancy if the landlord is a registered

social landlord.

           (2)           The landlord may apply to a county court for a demotion order.

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           (3)           A demotion order has the following effect—

                  (a)                 the assured tenancy is terminated with effect from the date

specified in the order;

                  (b)                 if the tenant remains in occupation of the dwelling-house after

that date a demoted tenancy is created with effect from that

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date;

                  (c)                 it is a term of the demoted tenancy that any arrears of rent

payable at the termination of the assured tenancy become

payable under the demoted tenancy;

                  (d)                 it is also a term of the demoted tenancy that any rent paid in

30

advance or overpaid at the termination of the assured tenancy

is credited to the tenant’s liability to pay rent under the

demoted tenancy.

           (4)           The court must not make a demotion order unless it is satisfied—

                  (a)                 that the tenant or a person residing in or visiting the dwelling-

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house has engaged or has threatened to engage in conduct to

which section 153A or 153B of the Housing Act 1996 (anti-social

behaviour or use of premises for unlawful purposes) applies,

and

                  (b)                 that it is reasonable to make the order.

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           (5)           Each of the following has effect in respect of a demoted tenancy at the

time it is created by virtue of an order under this section as it has effect

in relation to the assured tenancy at the time it is terminated by virtue

of the order—

                  (a)                 the parties to the tenancy;

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                  (b)                 the period of the tenancy;

                  (c)                 the amount of the rent;

 

 

Anti-social Behaviour Bill
Part 2 — Housing

    15

 

                  (d)                 the dates on which the rent is payable.

           (6)           Subsection (5)(b) does not apply if the assured tenancy was for a fixed

term and in such a case the demoted tenancy is a weekly periodic

tenancy.

           (7)           If the landlord of the demoted tenancy serves on the tenant a statement

5

of any other express terms of the assured tenancy which are to apply to

the demoted tenancy such terms are also terms of the demoted tenancy.

           (8)           For the purposes of this section a demoted tenancy is a tenancy to

which section 20B of the Housing Act 1988 applies.”

     (4)    Schedule 1 amends the Housing Act 1996 (c. 52) and the Housing Act 1985

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(c. 68).

 15    Demoted assured shorthold tenancies

     (1)    In the Housing Act 1988 (c. 50) after section 20A (duty of landlord to provide

statement of terms for certain tenancies) there is inserted the following

section—

15

       “20B  Demoted assured shorthold tenancies

           (1)           An assured tenancy is an assured shorthold tenancy to which this

section applies (a demoted assured shorthold tenancy) if—

                  (a)                 the tenancy is created by virtue of an order of the court under

section 82A of the Housing Act 1985 or section 6A of this Act (a

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demotion order), and

                  (b)                 the landlord is a registered social landlord.

           (2)           At the end of the period of one year starting with the day when the

demotion order takes effect a demoted assured shorthold tenancy

ceases to be an assured shorthold tenancy unless subsection (3) applies.

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           (3)           This subsection applies if before the end of the period mentioned in

subsection (2) the landlord gives notice of proceedings for possession

of the dwelling house.

           (4)           If subsection (3) applies the tenancy continues to be a demoted assured

shorthold tenancy until the end of the period mentioned in subsection

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(2) or (if later) until one of the following occurs—

                  (a)                 the notice of proceedings for possession is withdrawn;

                  (b)                 the proceedings are determined in favour of the tenant;

                  (c)                 the period of six months beginning with the date on which the

notice is given ends and no proceedings for possession have

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been brought.

           (5)           Registered social landlord has the same meaning as in Part 1 of the

Housing Act 1996.”

     (2)    In section 21 of that Act (recovery of possession on expiry or termination of

assured shorthold tenancy) after subsection (5) there is inserted the following

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subsection—

           “(5A)                                                        Subsection (5) above does not apply to an assured shorthold tenancy to

which section 20B (demoted assured shorthold tenancies) applies.”

 

 

Anti-social Behaviour Bill
Part 2 — Housing

    16

 

     (3)    In Schedule 2A of that Act (assured tenancies which are not shorthold

tenancies) after paragraph 5 (former secure tenancies) there is inserted the

following paragraph—

            “Former demoted tenancies

                       5A.                An assured tenancy which ceases to be an assured shorthold tenancy

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by virtue of section 20B(2) or (4).”

 16    Proceedings for possession: anti-social behaviour

     (1)    In the Housing Act 1985 (c. 68) after section 85 (which extends the court’s

discretion in certain proceedings for possession) there is inserted the following

section—

10

       “85A  Proceedings for possession: anti-social behaviour

           (1)           This section applies if the court is considering under section 84(2)(a)

whether it is reasonable to make an order for possession on ground 2

set out in Part 1 of Schedule 2 (conduct of tenant or other person).

           (2)           The court must consider, in particular—

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                  (a)                 the effect that the nuisance or annoyance has had on persons

other than the person against whom the order is sought;

                  (b)                 any continuing effect the nuisance or annoyance is likely to

have on such persons;

                  (c)                 the effect that the nuisance or annoyance would be likely to

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have on such persons if the conduct is repeated.”

     (2)    In the Housing Act 1988 (c. 50) after section 9 (which extends the Court’s

discretion in certain proceedings for possession) there is inserted the following

section—

       “9A  Proceedings for possession: anti-social behaviour

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           (1)           This section applies if the court is considering under section 7(4)

whether it is reasonable to make an order for possession on ground 14

set out in Part 2 of Schedule 2 (conduct of tenant or other person).

           (2)           The court must consider, in particular—

                  (a)                 the effect that the nuisance or annoyance has had on persons

30

other than the person against whom the order is sought;

                  (b)                 any continuing effect the nuisance or annoyance is likely to

have on such persons;

                  (c)                 the effect that the nuisance or annoyance would be likely to

have on such persons if the conduct is repeated.”

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 17    Devolution: Wales

In Schedule 1 to the National Assembly for Wales (Transfer of Functions)

Order 1999 (S.I. 1999/672) references to the following Acts are to be treated as

references to those Acts as amended by virtue of this Part—

           (a)           the Housing Act 1985;

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           (b)           the Housing Act 1988;

           (c)           the Housing Act 1996 (c. 52).

 

 

Anti-social Behaviour Bill
Part 3 — Parental responsibilities

    17

 

Part 3

Parental responsibilities

Parenting orders under the 1998 Act

 18    Parenting orders under the 1998 Act

     (1)    Section 8 of the Crime and Disorder Act 1998 (c. 37) is amended as follows.

5

     (2)    For subsections (4) and (5) substitute—

           “(4)              A parenting order is an order which requires the parent—

                  (a)                 to comply, for a period not exceeding twelve months, with such

requirements as are specified in the order, and

                  (b)                 subject to subsection (5) below, to attend, for a concurrent

10

period not exceeding three months, such counselling or

guidance programme as may be specified in directions given by

the responsible officer.

           (5)              A parenting order may, but need not, include such a requirement as is

mentioned in subsection (4)(b) above in any case where a parenting

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order under this section or any other enactment has been made in

respect of the parent on a previous occasion.”

     (3)    After subsection (7) insert—

           “(7A)              A counselling or guidance programme which a parent is required to

attend by virtue of subsection (4)(b) above may be or include a

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residential course but only if the court is satisfied—

                  (a)                 that the attendance of the parent at a residential course is likely

to be more effective than his attendance at a non-residential

course in preventing any such repetition or, as the case may be,

the commission of any such further offence, and

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                  (b)                 that any interference with family life which is likely to result

from the attendance of the parent at a residential course is

proportionate in all the circumstances.”

Truancy and exclusion from school

 19    Parenting contracts in cases of exclusion from school or truancy

30

     (1)    This section applies where a pupil has been excluded on disciplinary grounds

from a relevant school for a fixed period or permanently.

     (2)    This section also applies where a child of compulsory school age has failed to

attend regularly at a relevant school at which he is a registered pupil.

     (3)    A local education authority or the governing body of a relevant school may

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enter into a parenting contract with a parent of the pupil or child.

     (4)    A parenting contract is a document which contains—

           (a)           a statement by the parent that he agrees to comply with such

requirements as may be specified in the document for such period as

may be so specified, and

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Anti-social Behaviour Bill
Part 3 — Parental responsibilities

    18

 

           (b)           a statement by the local education authority or governing body that it

agrees to provide support to the parent for the purpose of complying

with those requirements.

     (5)    The requirements mentioned in subsection (4) may include (in particular) a

requirement to attend a counselling or guidance programme.

5

     (6)    The purpose of the requirements mentioned in subsection (4)—

           (a)           in a case falling within subsection (1), is to improve the behaviour of the

pupil,

           (b)           in a case falling within subsection (2), is to ensure that the child attends

regularly at the relevant school at which he is a registered pupil.

10

     (7)    A parenting contract must be signed by the parent and signed on behalf of the

local education authority or governing body.

     (8)    A parenting contract does not create any obligations in respect of whose breach

any liability arises in contract or in tort.

     (9)    Local education authorities and governing bodies of relevant schools must, in

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carrying out their functions in relation to parenting contracts, have regard to

any guidance which is issued by the appropriate person from time to time for

that purpose.

 20    Parenting orders in cases of exclusion from school

     (1)    This section applies where—

20

           (a)           a pupil has been excluded on disciplinary grounds from a relevant

school for a fixed period or permanently, and

           (b)           such conditions as may be prescribed in regulations made by the

appropriate person are satisfied.

     (2)    A local education authority may apply to a magistrates’ court for a parenting

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order in respect of a parent of the pupil.

     (3)    If such an application is made, the court may make a parenting order in respect

of a parent of the pupil if it is satisfied that making the order would be desirable

in the interests of improving the behaviour of the pupil.

     (4)    A parenting order is an order which requires the parent—

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           (a)           to comply, for a period not exceeding twelve months, with such

requirements as are specified in the order, and

           (b)           subject to subsection (5), to attend, for a concurrent period not

exceeding three months, such counselling or guidance programme as

may be specified in directions given by the responsible officer.

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     (5)    A parenting order under this section may, but need not, include a requirement

mentioned in subsection (4)(b) in any case where a parenting order under this

section or any other enactment has been made in respect of the parent on a

previous occasion.

     (6)    A counselling or guidance programme which a parent is required to attend by

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virtue of subsection (4)(b) may be or include a residential course but only if the

court is satisfied that the following two conditions are fulfilled.

     (7)    The first condition is that the attendance of the parent at a residential course is

likely to be more effective than his attendance at a non-residential course in

improving the behaviour of the pupil.

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Anti-social Behaviour Bill
Part 3 — Parental responsibilities

    19

 

     (8)    The second condition is that any interference with family life which is likely to

result from the attendance of the parent at a residential course is proportionate

in all the circumstances.

 21    Parenting orders: supplemental

     (1)    In deciding whether to make a parenting order under section 20, a court must

5

take into account (amongst other things)—

           (a)           any refusal by the parent to enter into a parenting contract under

section 19 in respect of the pupil in a case falling within subsection (1)

of that section, or

           (b)           if the parent has entered into such a parenting contract, any failure by

10

the parent to comply with the requirements specified in the contract.

     (2)    Before making a parenting order under section 20 in the case of a pupil under

the age of 16, a court must obtain and consider information about the pupil’s

family circumstances and the likely effect of the order on those circumstances.

     (3)    Subsections (3) to (7) of section 9 of the Crime and Disorder Act 1998 (c. 37)

15

(supplemental provisions about parenting orders) are to apply in relation to a

parenting order under section 20 as they apply in relation to a parenting order

under section 8 of that Act.

     (4)    The appropriate person may by regulations make provision as to how the costs

associated with the requirements of parenting orders under section 20

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(including the costs of providing counselling or guidance programmes) are to

be borne.

     (5)    Local education authorities, head teachers and responsible officers must, in

carrying out their functions in relation to parenting orders, have regard to any

guidance which is issued by the appropriate person from time to time for that

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purpose.

 22    Parenting orders: appeals

     (1)    An appeal lies to the Crown Court against the making of a parenting order

under section 20.

     (2)    Subsections (2) and (3) of section 10 of the Crime and Disorder Act 1998

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(appeals against parenting orders) are to apply in relation to an appeal under

this section as they apply in relation to an appeal under subsection (1)(b) of that

section.

 23    Penalty notices for parents in cases of truancy

     (1)    After section 444 of the Education Act 1996 (c. 56) (failure to secure regular

35

attendance at school of registered pupil) insert—

       “444A             Penalty notice in respect of failure to secure regular attendance at

school of registered pupil

           (1)           Where an authorised officer has reason to believe—

                  (a)                 that a person has committed an offence under section 444(1),

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and

                  (b)                 that the school to which the offence relates is a relevant school

in England,

 

 

 
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