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Anti-social Behaviour Bill


Anti-social Behaviour Bill
Part 2 — Housing

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in relation to the assured 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.

           (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

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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—

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       “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

 

 

Anti-social Behaviour Bill
Part 2 — Housing

    16

 

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

subsection—

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

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

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

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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

by virtue of section 20B(2) or (4).”

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 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—

       “85A  Proceedings for possession: anti-social behaviour

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           (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—

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

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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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     (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

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

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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

other than the person against whom the order is sought;

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                  (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.”

 17    Devolution: Wales

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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—

 

 

Anti-social Behaviour Bill
Part 3 — Parental responsibilities

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           (a)           the Housing Act 1985 (c. 68);

           (b)           the Housing Act 1988 (c. 50);

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

Part 3

Parental responsibilities

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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.

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

           “(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) below, to attend, for a concurrent

period not exceeding three months, such counselling or

guidance programme as may be specified in directions given by

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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

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

respect of the parent on a previous occasion.”

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     (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

residential course but only if the court is satisfied—

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

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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

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

from the attendance of the parent at a residential course is

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proportionate in all the circumstances.”

Truancy and exclusion from school

 19    Parenting contracts in cases of exclusion from school or truancy

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

from a relevant school for a fixed period or permanently.

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     (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

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

 

 

Anti-social Behaviour Bill
Part 3 — Parental responsibilities

    18

 

     (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

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

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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.

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

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           (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.

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

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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

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

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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—

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

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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

order in respect of a parent of the pupil.

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     (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—

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

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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.

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

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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.

 

 

Anti-social Behaviour Bill
Part 3 — Parental responsibilities

    19

 

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

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

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improving the behaviour of the pupil.

     (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

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

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

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

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.

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

(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

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associated with the requirements of parenting orders under section 20

(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

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

purpose.

 22    Parenting orders: appeals

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

under section 20.

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

(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

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

 

 

Anti-social Behaviour Bill
Part 3 — Parental responsibilities

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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,

                         he may give the person a penalty notice in respect of the offence.

           (2)           A penalty notice is a notice offering a person the opportunity of

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discharging any liability to conviction for the offence under section

444(1) to which the notice relates by payment of a penalty in accordance

with the notice.

           (3)           Where a person is given a penalty notice, proceedings for the offence to

which the notice relates (or an offence under section 444(1A) arising out

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of the same circumstances) may not be instituted before the end of such

period as may be prescribed.

           (4)           Where a person is given a penalty notice, he cannot be convicted of the

offence to which the notice relates (or an offence under section 444(1A)

arising out of the same circumstances) if he pays a penalty in

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accordance with the notice.

           (5)           Penalties under this section shall be payable to local education

authorities in England.

           (6)           Sums received by a local education authority under this section may be

used by the authority for the purposes of any of its functions which

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may be specified in regulations.

       444B             Penalty notices: supplemental

           (1)           Regulations may make—

                  (a)                 provision as to the form and content of penalty notices,

                  (b)                 provision as to the monetary amount of any penalty and the

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time by which it is to be paid,

                  (c)                 provision for determining the local education authority to

which a penalty is payable,

                  (d)                 provision as to the methods by which penalties may be paid,

                  (e)                 provision as to the records which are to be kept in relation to

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penalty notices,

                  (f)                 provision as to the persons who may be authorised by a local

education authority or a head teacher to give penalty notices,

                  (g)                 provision limiting the circumstances in which authorised

officers of a prescribed description may give penalty notices,

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                  (h)                 provision for or in connection with the withdrawal, in

prescribed circumstances, of a penalty notice, including—

                        (i)                        repayment of any amount paid by way of penalty under

a penalty notice which is withdrawn, and

                        (ii)                       prohibition of the institution or continuation of

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proceedings for the offence to which the withdrawn

 

 

Anti-social Behaviour Bill
Part 3 — Parental responsibilities

    21

 

notice relates (and any offence under section 444(1A)

arising out of the same circumstances),

                  (i)                 provision for a certificate—

                        (i)                        purporting to be signed by or on behalf of a prescribed

person, and

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                        (ii)                       stating that payment of any amount paid by way of

penalty was or, as the case may be, was not received on

or before a date specified in the certificate,

                                      to be received in evidence of the matters so stated,

                  (j)                 provision as to the action to be taken if a penalty is not paid in

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accordance with a penalty notice,

                  (k)                 provision for or in connection with the preparation of codes of

conduct in relation to the giving of penalty notices,

                  (l)                 such other provision in relation to penalties or penalty notices

as the Secretary of State thinks necessary or expedient.

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           (2)           Without prejudice to the generality of subsection (1) or section 569(4),

regulations under subsection (1)(b) may make provision for penalties

of different amounts to be payable in different cases or circumstances

(including provision for the penalty payable under a penalty notice to

differ according to the time by which it is paid).

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           (3)           Local education authorities, head teachers and authorised officers shall,

in carrying out their functions in relation to penalty notices, have

regard to any guidance which is published by the Secretary of State

from time to time in relation to penalty notices.

           (4)           In this section and section 444A—

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                                  “authorised officer” means—

                        (a)                        a constable,

                        (b)                        an officer of a local education authority in England who

is authorised by the authority to give penalty notices, or

                        (c)                        an authorised staff member,

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                                  “authorised staff member” means—

                        (a)                        a head teacher of a relevant school in England, or

                        (b)                        a member of the staff of a relevant school in England

who is authorised by the head teacher of the school to

give penalty notices,

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                                  “penalty” means a penalty under a penalty notice,

                                  “penalty notice” has the meaning given by section 444A(2),

                                  “relevant school” means—

                        (a)                        a maintained school,

                        (b)                        a pupil referral unit,

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                        (c)                        an Academy,

                        (d)                        a city technology college, or

                        (e)                        a city college for the technology of the arts.”

     (2)    In section 572 of that Act (service of notices and other documents) for “served

on any person may be served” substitute “served on, or given to, any person

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may be served or given”.

     (3)    In paragraph 1(2) of Schedule 4 to the Police Reform Act 2002 (c. 30) (powers

of community support officers to issue fixed penalty notices) after paragraph

 

 

 
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