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Anti-social Behaviour Bill


Anti-social Behaviour Bill
Schedule 1 — Demoted tenancies

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                    (a)                   the express terms of the demoted tenancy;

                    (b)                   the provisions of this Chapter;

                    (c)                   the provisions of sections 11 to 16 of the Landlord and Tenant

Act 1985 (landlord’s repairing obligations).

              (3)             The landlord must ensure that information published under

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subsection (2) is, so far as is reasonably practicable, kept up to date.

              (4)             The landlord must supply the tenant with—

                    (a)                   a copy of the information published under subsection (2);

                    (b)                   a written statement of the terms of the tenancy, so far as they

are neither expressed in the lease or written tenancy

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agreement (if any) nor implied by law.

              (5)             The statement required by subsection (4)(b) must be supplied on the

grant of the tenancy or as soon as practicable afterwards.

Supplementary

       143N  Jurisdiction of county court

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              (1)             A county court has jurisdiction—

                    (a)                   to determine questions arising under this Chapter;

                    (b)                   to entertain proceedings brought under this Chapter;

                    (c)                   to determine claims (for whatever amount) in connection

with a demoted tenancy.

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              (2)             The jurisdiction includes jurisdiction to entertain proceedings as to

whether a statement supplied in pursuance of section 143M(4)(b)

(written statement of certain terms of tenancy) is accurate.

              (3)             For the purposes of subsection (2) it is immaterial that no relief other

than a declaration is sought.

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              (4)             If a person takes proceedings in the High Court which, by virtue of

this section, he could have taken in the county court he is not entitled

to recover any costs.

              (5)             The Lord Chancellor may make such rules and give such directions

as he thinks fit for the purposes of giving effect to this section.

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              (6)             The rules and directions may provide—

                    (a)                   for the exercise by a district judge of a county court of any

jurisdiction exercisable under this section;

                    (b)                   for the conduct of proceedings in private.

              (7)             The power to make rules must be exercised by statutory instrument

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subject to annulment in pursuance of a resolution of either House of

Parliament.

       143O  Meaning of dwelling house

              (1)             For the purposes of this Chapter a dwelling-house may be a house or

a part of a house.

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              (2)             Land let together with a dwelling-house must be treated for the

purposes of this Chapter as part of the dwelling-house unless the

 

 

Anti-social Behaviour Bill
Schedule 1 — Demoted tenancies

    60

 

land is agricultural land which would not be treated as part of a

dwelling-house for the purposes of Part 4 of the Housing Act 1985.

       143P  Members of a person’s family

              (1)             For the purposes of this Chapter a person is a member of another’s

family if—

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                    (a)                   he is the spouse of that person;

                    (b)                   he and that person live together as a couple in an enduring

family relationship, but he does not fall within paragraph (c);

                    (c)                   he is that person’s parent, grandparent, child, grandchild,

brother, sister, uncle, aunt, nephew or niece.

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              (2)             For the purposes of subsection (1)(b) it is immaterial that two persons

living together in an enduring family relationship are of the same

sex.

              (3)             For the purposes of subsection (1)(c)—

                    (a)                   a relationship by marriage must be treated as a relationship

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by blood;

                    (b)                   a relationship of the half-blood must be treated as a

relationship of the whole blood;

                    (c)                   a stepchild of a person must be treated as his child.”

  2       (1)      The Housing Act 1985 (c. 68) is amended as follows.

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          (2)      In section 105 (requirement to consult secure tenants on certain housing

management matters) after subsection (6) there is inserted the following

subsection—

              “(7)                For the purposes of this section—

                    (a)                   secure tenants include demoted tenants within the meaning

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of section 143A of the Housing Act 1996;

                    (b)                   secure tenancies include demoted tenancies within the

meaning of that section.”

          (3)      In Schedule 1 (tenancies which are not secure tenancies) after paragraph 1A

(introductory tenancies) there is inserted the following paragraph—

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          “1B                  A tenancy is not a secure tenancy if it is a demoted tenancy within

the meaning of section 143A of the Housing Act 1996.”

          (4)      In Schedule 4 (qualifying period for right to buy and discount) after

paragraph 9 (the tenant condition) there is inserted the following

paragraph—

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          “9A                  The tenant condition is not met during any period when a tenancy

is a demoted tenancy by virtue of section 143A of the Housing Act

1996.”

 

 

Anti-social Behaviour Bill
Schedule 2 — Curfew orders and supervision orders

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Schedule 2

Section 40

 

Curfew orders and supervision orders

Interpretation

  1        In this Schedule “the 2000 Act” means the Powers of Criminal Courts

(Sentencing) Act 2000 (c. 6).

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Curfew orders

  2       (1)      Section 37 of the 2000 Act (curfew orders) is amended as follows.

          (2)      Subsection (4) (which limits to three months the duration of a curfew order

made in respect of a person aged under 16 on conviction) is omitted.

          (3)      For subsection (12) there is substituted—

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              “(12)                In this Act, “responsible officer”, in relation to an offender subject to

a curfew order, means—

                    (a)                   where the offender is also subject to a supervision order, the

person who is the supervisor in relation to the supervision

order, and

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                    (b)                   in any other case, the person who is responsible for

monitoring the offender’s whereabouts during the curfew

periods specified in the order.”

Supervision orders

  3        After section 64 of the 2000 Act there is inserted—

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       “64A            Supervision orders and curfew orders

Nothing in this Chapter prevents a court which makes a supervision

order in respect of an offender from also making a curfew order in

respect of him.”

  4       (1)      Schedule 6 to the 2000 Act (requirements which may be included in

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supervision orders) is amended as follows.

          (2)      In paragraph 2(5) (total number of days during which offender may be

required to comply with directions of supervisor not to exceed 90), for “90”

there is substituted “180”.

          (3)      In paragraph 3 (requirements as to activities, reparation, night restrictions

30

etc)—

              (a)             sub-paragraph (2)(e) (night restriction) is omitted, and

              (b)             in sub-paragraph (3) (total number of days in respect of which an

offender may be subject to requirements imposed by virtue of any of

sub-paragraph (2)(a) to (e) not to exceed 90)—

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                    (i)                   for the words “, (d) or (e)” there is substituted “or (d)”, and

                    (ii)                  for “90” there is substituted “180”.

          (4)      Paragraph 4 (night restrictions) is omitted.

 

 

Anti-social Behaviour Bill
Schedule 2 — Curfew orders and supervision orders

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          (5)      After paragraph 5 there is inserted—

“Requirement to live for specified period with local authority foster parent

          5A                 (1)                                    Where the conditions mentioned in sub-paragraph (2) below are

satisfied, a supervision order may impose a requirement (“a foster

parent residence requirement”) that the offender shall live for a

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specified period with a local authority foster parent.

                           (2)                  The conditions are that—

                      (a)                     the offence is punishable with imprisonment in the case of

an offender aged 18 or over;

                      (b)                     the offence, or the combination of the offence and one or

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more offences associated with it, was so serious that a

custodial sentence would normally be appropriate (or,

where the offender is aged 10 or 11, would normally be

appropriate if the offender were aged 12 or over); and

                      (c)                     the court is satisfied that—

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                             (i)                            the behaviour which constituted the offence was

due to a significant extent to the circumstances in

which the offender was living, and

                             (ii)                           the imposition of a foster parent residence

requirement will assist in his rehabilitation.

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                           (3)                  A foster parent residence requirement shall designate the local

authority who are to place the offender with a local authority

foster parent under section 23(2)(a) of the Children Act 1989, and

that authority shall be the authority in whose area the offender

resides.

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                           (4)                   A court shall not impose a foster parent residence requirement

unless—

                      (a)                     the court has been notified by the Secretary of State that

arrangements for implementing such a requirement are

available in the area of the designated authority;

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                      (b)                     the notice has not been withdrawn; and

                      (c)                     the court has consulted the designated authority.

                           (5)                  Subject to paragraph 5(2A) of Schedule 7 to this Act, the maximum

period which may be specified in a foster parent residence

requirement is twelve months.

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                           (6)                   A court shall not impose a foster parent residence requirement in

respect of an offender who is not legally represented at the

relevant time in that court unless—

                      (a)                     he was granted a right to representation funded by the

Legal Services Commission as part of the Criminal Defence

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Service for the purposes of the proceedings but the right

was withdrawn because of his conduct; or

                      (b)                     he has been informed of his right to apply for such

representation for the purposes of the proceedings and has

had opportunity to do so, but nevertheless refused or

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failed to apply.

                           (7)                   In sub-paragraph (6) above—

 

 

Anti-social Behaviour Bill
Schedule 2 — Curfew orders and supervision orders

    63

 

                      (a)                     “the relevant time” means the time when the court is

considering whether or not to impose the requirement,

and

                      (b)                     “the proceedings” means—

                             (i)                            the whole proceedings, or

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                             (ii)                           the part of the proceedings relating to the

imposition of the requirement.

                           (8)                   A supervision order imposing a foster parent residence

requirement may also impose any of the requirements mentioned

in paragraphs 2, 3, 6 and 7 of this Schedule.

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                           (9)                  If at any time while a supervision order imposing a foster parent

residence requirement is in force, the supervisor notifies the

offender—

                      (a)                     that no suitable local authority foster parent is available,

and

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                      (b)                     that the supervisor has applied or proposes to apply under

paragraph 5 of Schedule 7 for the variation or revocation of

the order,

                                             the foster parent residence requirement shall, until the

determination of the application, be taken to require the offender

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to live in local authority accommodation (as defined by section 163

of this Act).

                           (10)                  This paragraph does not affect the power of a local authority to

place with a local authority foster parent an offender to whom a

local authority residence requirement under paragraph 5 above

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relates.

                           (11)                  In this paragraph “local authority foster parent” has the same

meaning as in the Children Act 1989.”

Consequential amendments

  5        In section 21 of the Children Act 1989 (c. 41) (provision of accommodation

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for children in police protection or detention or on remand, etc.) in

subsection (2)(c)(ii) after “2000” there is inserted “or a foster parent residence

requirement under paragraph 5A of that Schedule”.

  6       (1)      Schedule 7 to the 2000 Act (breach, revocation and amendment of

supervision orders) is amended as follows.

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          (2)      In paragraph 2 (breach of requirement of supervision order)—

              (a)             in sub-paragraph (1), after “5” there is inserted “,5A”,

              (b)             in sub-paragraph (2)(a)(ii) after “subject to” there is inserted “sub-

paragraph (2A) below and”, and

              (c)             after sub-paragraph (2) there is inserted—

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                 “(2A)                                               The court may not make a curfew order under sub-

paragraph (2)(a)(ii) above in respect of an offender who is

already subject to a curfew order.”

          (3)      In paragraph 5 (revocation and amendment of supervision order)—

              (a)              after sub-paragraph (2) there is inserted—

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                                        “(2A)                        In relation to a supervision order imposing a foster parent

residence requirement under paragraph 5A of Schedule 6

 

 

Anti-social Behaviour Bill
Schedule 3 — Repeals

    64

 

to this Act, the power conferred by sub-paragraph (1)(b)(ii)

above includes power to extend the period specified in the

requirement to a period of not more than 18 months

beginning with the day on which the requirement first had

effect.”, and

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              (b)             sub-paragraph (3)(b) and the word “or” immediately preceding it are

omitted.

Schedule 3

Section 66

 

Repeals

 

Short title and chapter

Extent of repeal

 

10

 

Firearms Act 1968 (c. 27)

Section 22(5).

 
  

In section 23(2) the words “or (5)”.

 
  

In Part 1 of Schedule 6, the entry relating to

 
  

section 22(5).

 
 

Prosecution of Offences Act

In section 3(2), the word “and” after paragraph

 

15

 

1985 (c. 23)

(f).

 
 

Firearms (Amendment) Act

In section 1(4), the word “or” at the end of

 
 

1988 (c. 45)

paragraph (a).

 
 

Criminal Justice and Public

In section 68(1), “in the open air” in both places.

 
  

In section 69(1), “in the open air” in both places.

 

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Noise Act 1996 (c. 37)

In section 2(7) the words from “and

 
  

accordingly” to the end.

 
 

Housing Act 1996 (c. 52)

Sections 152 and 153.

 
  

In section 158—

 
  

     (a)    in subsection (1), the entries relating to

 

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“child”, “harm”, “health” and “ill-treatment”;

 
  

     (b)    subsection (2).

 
 

Crime and Disorder Act 1998

In section 1(1A), the word “or” after paragraph

 
 

(c. 37)

(c).

 
 

Powers of Criminal Courts

Section 37(4).

 

30

 

(Sentencing) Act 2000 (c. 6)

In Schedule 6—

 
  

     (a)    in paragraph 3(2), the words “and

 
  

paragraph 4 below” and paragraph (e), and

 
  

     (b)    paragraph 4.

 
  

In Schedule 7, paragraph 5(3)(b) and the word

 

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“or” immediately preceding it.

 
 

Police Reform Act 2002 (c. 30)

In Schedule 4, the word “and” at the end of

 
  

paragraph 1(2)(c).

 
  

In Schedule 5, the word “and” at the end of

 
  

paragraph 1(2)(b).

 

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