Anti-social Behaviour, Crime and Policing Bill (HC Bill 7)

Anti-social Behaviour, Crime and Policing BillPage 140

(2) In subsection (1) the words “, other than an offence under section 1(10) above
in respect of an anti-social behaviour order,” are omitted.

(3) In subsection (1B)—

(a) for “an anti-social behaviour order” there is substituted “an
5injunction under section 1 of the Anti-social Behaviour, Crime and
Policing Act 2013 is granted or an order is made under section 21 of
that Act”;

(b) after “which” there is inserted “grants the injunction or”.

(4) In subsection (2)—

(a) 10paragraph (d) and the word “or” before it are omitted;

(b) in the text after paragraph (d) the words “(including any report
prepared under section 1(1C))” are omitted.

(5) Subsection (2AA) is repealed.

27 (1) Section 18 of that Act (interpretation etc) is amended as follows.

(2) 15In subsection (1)—

(a) the definitions of “anti-social behaviour order” and “individual
support order” are omitted;

(b) paragraph (za) of the definition of “responsible officer” is omitted.

(3) In subsection (4)—

(a) 20the words “an individual support order or” are omitted;

(b) for “the child, defendant or parent, as the case may be” there is
substituted “the child or, as the case may be, the parent”.

28 In section 38 of that Act (local provision of youth justice services), in
subsection (4)(f) the words “individual support orders,” are omitted.

29 25In section 114 of that Act (orders and regulations), in subsection (2) “(1A),
(1G)” is omitted.

Criminal Justice and Police Act 2001 (c. 16)Criminal Justice and Police Act 2001 (c. 16)

30 Sections 12 to 16 of the Criminal Justice and Police Act 2001 (alcohol
consumption in designated public places) are repealed.

30Police Reform Act 2002 (c. 30)Police Reform Act 2002 (c. 30)

31 In section 50 of the Police Reform Act 2002 (power of constable to require
person acting in an anti-social manner to give name and address), for the
words in subsection (1) from “a person has been” to “he may require” there
is substituted “engaging, or is engaging, in anti-social behaviour (within the
35meaning of Part 1 of the Anti-social Behaviour, Crime and Policing Act 2013
(injunctions to prevent nuisance and annoyance)),”.

32 In Part 1 of Schedule 4 to that Act (powers exercisable by community
support officers), paragraph 1(2)(e) (powers to issue fixed penalty notices in
respect of offences under dog control orders) and the word “and” before it
40are omitted.

33 In Schedule 5 to that Act (powers exercisable by accredited persons), in
paragraph 1(2), paragraph (d) and the word “and” before it are omitted.

Anti-social Behaviour, Crime and Policing BillPage 141

Licensing Act 2003 (c. 17)Licensing Act 2003 (c. 17)

34 Sections 161 to 166 of the Licensing Act 2003 (closure orders of identified
premises) are repealed.

35 (1) Section 167 of that Act (review of premise licence following closure order) is
5amended as follows.

(2) In subsection (1)(a), for “a closure order has come into force” there is
substituted “a magistrates’ court has made a closure order under section 73
of the Anti-social Behaviour, Crime and Policing Act 2013, or the Crown
Court has made a closure order on appeal under section 77 of that Act,”.

(3) 10In subsection (1)(b), for the words after “the relevant licensing authority has”
there is substituted “accordingly received a notice under section 73(8) or
77(7) of that Act”.

(4) In subsection (4)(a), for the words after “notice of” there is substituted “the
review and of the order mentioned in subsection (1)(a)”.

(5) 15In subsection (5)(a), for the words after “to consider” there is substituted “the
order mentioned in subsection (1)(a) and any relevant representations;”.

36 In section 168 of that Act (provisions about decisions under section 167), in
subsections (3)(b) and (6)(b), for the words after “the premises to which the
licence relates” there is substituted “are closed at the time of the decision by
20virtue of an closure order made under section 73 or 77 of the Anti-social
Behaviour, Crime and Policing Act 2013”.

37 Section 169 of that Act (enforcement of closure order) is repealed.

38 (1) Section 170 of that Act (exemption of police from liability for damages) is
amended as follows.

(2) 25In subsection (1) the words “of his functions in relation to a closure order or
any extension of it or” are omitted.

(3) Paragraph (b) of subsection (2) is omitted.

39 (1) Section 171 of that Act (interpretation of Part 8) is amended as follows.

(2) In subsection (2), for “Relevant premises” there is substituted “Premises”.

(3) 30In subsection (3) the word “relevant” is omitted.

(4) In subsection (5)—

(a) in the definition of “appropriate person” the word “relevant” is
omitted;

(b) the definitions of “closure order”, “extension”, “relevant magistrates’
35court”, “relevant premises”, “responsible senior police officer” and
“senior police officer” are omitted.

40 In Schedule 3 to that Act (matters to be entered in licensing register), for the
words after “any notice given to it under” in paragraph (z) there is
substituted “section 73(8) or 77(7) of the Anti-social Behaviour, Crime and
40Policing Act 2013 (notification by court of closure order)”.

Anti-social Behaviour, Crime and Policing BillPage 142

Anti-social Behaviour Act 2003 (c. 38)Anti-social Behaviour Act 2003 (c. 38)

41 The following provisions of the Anti-social Behaviour Act 2003 are
repealed—

(a) Part 1 (closure of premises where drugs used unlawfully);

(b) 5Part 1A (closure of premises associated with persistent disorder or
nuisance);

(c) Part 4 (dispersal of groups etc);

(d) sections 40 and 41 (closure of noisy premises);

(e) sections 48 to 52 (removal of graffiti and fly-posting) and the cross-
10heading before section 48.

Clean Neighbourhoods and Environment Act 2005 (c. 16)Clean Neighbourhoods and Environment Act 2005 (c. 16)

42 Sections 55 to 64, 66 and 67 of the Clean Neighbourhoods and Environment
Act 2005 are repealed.

Violent Crime Reduction Act 2006 (c. 38)Violent Crime Reduction Act 2006 (c. 38)

43 15The following provisions of the Violent Crime Reduction Act 2006 (which
relate to drinking banning orders) are repealed—

(a) sections 1 to 7;

(b) section 8(1) to (6);

(c) sections 9 to 14.

44 20Section 27 of that Act (directions to individuals who represent a risk of
disorder) is repealed.

Crime and Security Act 2010 (c. 17)Crime and Security Act 2010 (c. 17)

45 Sections 40 and 41 of the Crime and Security Act 2010 (anti-social behaviour
orders: report on family circumstances and parenting orders on breach) are
25repealed.

Localism Act 2011 (c. 20)2011 (c. 20)

46 (1) In Schedule 14 to the Localism Act 2011 (grounds on which landlord may
refuse to surrender and grant tenancies under section 158 of that Act),
paragraph 6 (Ground 6) is amended as follows.

(2) 30In sub-paragraph (2), for “or suspended Ground 2 or 14 possession order”
there is substituted “, a suspended anti-social behaviour possession order or
a suspended riot-related possession order”.

(3) In sub-paragraph (3), for “or a Ground 2 or 14 possession order” there is
substituted “, an anti-social behaviour possession order or a riot-related
35possession order”.

(4) In sub-paragraph (4), in the definition of “relevant order”—

(a) the word “or” before paragraph (e) is omitted;

(b) in paragraph (e), after “section 91 of the Anti-social Behaviour Act
2003” there is inserted “or section 27 of the Police and Justice Act
402006”;

Anti-social Behaviour, Crime and Policing BillPage 143

(c) at the end there is inserted—

(f) an injunction under section 1 of the Anti-social
Behaviour, Crime and Policing Act 2013, or

(g) an order under section 21 of that Act;.

(5) 5After the definition of “relevant order” in that sub-paragraph there is
inserted—

  • An “anti-social behaviour possession order” means an order
    for possession under Ground 2 in Schedule 2 to the Housing
    Act 1985 or Ground 14 in Schedule 2 to the Housing Act
    101988.

(6) After the definition of “demotion order” in that sub-paragraph there is
inserted—

  • A “riot-related possession order” means an order for
    possession under Ground 2ZA in Schedule 2 to the Housing
    15Act 1985 or Ground 14ZA in Schedule 2 to the Housing Act
    1988.

(7) The definition of “Ground 2 or 14 possession order” in that sub-paragraph is
omitted.

47 After paragraph 6 of that Schedule there is inserted—

20Ground 6A

6A This ground is that a dwelling-house let on an existing tenancy is
subject to a closure notice or closure order under Chapter 3 of Part
4 of the Anti-social Behaviour, Crime and Policing Act 2013.

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)2012 (c. 10)

48 (1) 25Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act
2012 (legal aid for civil legal services) is amended as follows.

(2) In paragraph 36 of Part 1 (anti-social behaviour), in sub-paragraph (1), for
the words after “in relation to” there is substituted “an application for, or
proceedings in respect of, an injunction against the individual under section
301 of the Anti-social Behaviour, Crime and Policing Act 2013.”

(3) In paragraph 7 of Part 3 (certain advocacy services in a magistrates’ court
excepted from the advocacy exclusion), for “and 15 to 18” there is
substituted “, 15 to 18 and 36”.

Repeal of spent provisions etc

49 35The following provisions are repealed.

Short title and chapter Extent of repeal
Crime and Disorder Act 1998
(c. 37)
Section 40(2).
Powers of Criminal Courts
(Sentencing) Act 2000 (c. 6)
In Schedule 9, paragraph 192.
Police Reform Act 2002 (c. 30) Sections 61 to 66.

Anti-social Behaviour, Crime and Policing BillPage 144

Short title and chapter Extent of repeal
Licensing Act 2003 (c. 17) Section 155(2).
In Schedule 6, paragraphs 121 to 125.
Anti-social Behaviour Act 2003
(c. 38)
Section 13.
5Section 14(3)(a).
Section 56(1).
Section 85(2) to (7) and (9) to (11).
Section 86(1) to (4).
Sexual Offences Act 2003
(c. 42)
In Schedule 6, paragraph 38(3).
Criminal Justice Act 2003
(c. 44)
10Sections 322 and 323.
In Schedule 26, paragraph 59.
Children Act 2004 (c. 31) In Schedule 2, paragraph 8.
Serious Organised Crime and
Police Act 2005 (c. 15)
Section 139(1) to (9).
Section 140(1) to (4).
15Sections 141 to 143.
In Schedule 7, paragraph 36.
In Schedule 10, paragraph 3(3)(b).
Clean Neighbourhoods and
Environment Act 2005 (c. 16)
Section 2.
Section 20(2).
20Section 21.
Section 22.
Section 31.
In Schedule 4, paragraphs 7, 13 and 16 to 19.
Drugs Act 2005 (c. 17) Section 20.
25In Schedule 1, paragraph 7.
Violent Crime Reduction Act
2006 (c. 38)
Section 8(7).
Section 26.
Section 59(1).
Police and Justice Act 2006
(c. 48)
Section 26.
30In Schedule 14, paragraphs 12(3), 13(3), 15, 32
and 33.
Mental Health Act 2007 (c. 12) In Schedule 1, paragraph 21.
Criminal Justice and Immig-
ration Act 2008 (c. 4)
Section 118.
Section 123.
35Section 124.
Schedule 20.
Transport for London Act 2008
(c. i)
Section 29(a).
Coroners and Justice Act 2009
(c. 25)
In Schedule 21, paragraph 72.
Policing and Crime Act 2009
(c. 26)
40Section 31.
Police Reform and Social Resp-
onsibility Act 2011 (c. 13)
In Schedule 16, paragraphs 307 to 309.
Localism Act 2011 (c. 20) Section 155(1).

Anti-social Behaviour, Crime and Policing BillPage 145

Part 2 Amendments relating to Part 10

House of Commons Disqualification Act 1975 (c. 24)1975 (c. 24)

50 In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975.
5(bodies of which all members are disqualified) at the appropriate place there
is inserted—

The Police Remuneration Review Body.

Police Pensions Act 1976 (c. 35)1976 (c. 35)

51 In section 7 of the Police Pensions Act 1976 (payment of pensions and
10contributions), for paragraph (f) of subsection (2) there is substituted—

(f) a person to whom section 100A of the Police Act 1996 applies
(senior police officer appointed as member of staff of College
of Policing);.

52 (1) Section 11 of that Act (interpretation) is amended as follows.

(2) 15For paragraph (e) of subsection (1) there is substituted—

(e) service, by a person to whom section 100A of the Police Act
1996 applies, as a member of the staff of the College of
Policing;.

(3) In subsection (2A)(i) the words “the body known as” are omitted.

(4) 20In subsection (8A), for “the Chief Executive of the body known as” there is
substituted “a member of the staff of”.

Police Act 1996 (c. 16)1996 (c. 16)

53 In section 36 of the Police Act 1996 (general duty of Secretary of State), in
subsection (2)(c), the words “(other than sections 61 and 62)” are omitted.

54 25In section 97 of that Act (police officers engaged on service outside their
force), in subsection (1)(i) the words “the body known as” are omitted.

55 In section 105 of that Act (extent), in subsection (3), for “sections 61 and 62”
there is substituted “Part 3A”.

Police (Northern Ireland) Act 2000 (c. 32)2000 (c. 32)

56 30In section 49 of the Police (Northern Ireland) Act 2000 (severance
arrangements), for subsection (4) there is substituted—

(4) Sections 25(8) and 26(6) of the Police (Northern Ireland) Act 1998
(requirement to consult the Board and the Police Association before
making regulations) shall not apply in relation to regulations made
35by virtue of this section.

Freedom of Information Act 2000 (c. 36)2000 (c. 36)

57 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public

Anti-social Behaviour, Crime and Policing BillPage 146

authorities), the following entries are inserted at the appropriate places—

The College of Policing.

The Police Remuneration Review Body.

Police Reform Act 2002 (c. 30)2002 (c. 30)

58 (1) 5Section 29 of the Police Reform Act 2002 (interpretation of Part 2) is amended
as follows.

(2) In subsection (1), in the definition of “serving with the police”, for “12(7)”
there is substituted “12(7) to (10)”.

(3) In subsection (1A), for “12(7)” there is substituted “12(7) to (10)”.

59 10In section 39 (police powers for contracted-out staff), subsections (9) to (11)
are repealed.

60 (1) Schedule 3 to that Act (handling of complaints and conduct matters etc) is
amended as follows.

(2) In paragraph 19, after paragraph (a) of sub-paragraph (7) there is inserted—

(aa) 15a body required by section 26BA to enter into an
agreement with the Commission, or.

(3) In paragraph 24C—

(a) in sub-paragraph (1), for “If” there is substituted “This paragraph
applies where”;

(b) 20the words in that sub-paragraph from “it shall make” to the end are
omitted;

(c) sub-paragraph (2) is repealed.

(4) In paragraph 27—

(a) in the heading, after “disciplinary proceedings” there is inserted
25etc”;

(b) in sub-paragraph (7), after “disciplinary” there is inserted “or other”;

(c) in sub-paragraph (9)(a), after “sub-paragraph (1)(b)” there is inserted
“or (c)”.

Equality Act 2010 (c. 15)2010 (c. 15)

61 30In Part 1 of Schedule 19 to the Equality Act 2010 (authorities subject to public
sector equality duty), at the appropriate place under the heading “Police
there is inserted—

The College of Policing.

Police Reform and Social Responsibility Act 2011 (c. 13)2011 (c. 13)

62 35In section 7 of the Police Reform and Social Responsibility Act 2011 (police
and crime plans), for paragraph (f) of subsection (1) there is substituted—

(ea) the services which are to be provided by virtue of section 123
of the Anti-social Behaviour, Crime and Policing Act 2013;

(f) any grants which the elected local policing body is to make
40under that section, and the conditions (if any) subject to
which any such grants are to be made.

Anti-social Behaviour, Crime and Policing BillPage 147

63 Section 9 of that Act (crime and disorder reduction grants) is repealed.

64 In Schedule 2 to that Act (chief constables), paragraph 7(3) is repealed.

65 In Schedule 4 to that Act (Commissioner of Police of the Metropolis),
paragraph 4(3) is repealed.

5Repeal or revocation of spent provisions etc

66 The following provisions are repealed or revoked—

Title and reference Extent of repeal or revocation
Police Act 1996 (c. 16) In Schedule 7, paragraph 28.
Police (Northern Ireland) Act 1998 (c. 32) Section 34.
Greater London Authority Act 1999
(c. 29)
10In Schedule 27, paragraph 92(2).
Scotland Act 1998 (Cross-Border Public
Authorities) (Specification) Order
1999 (S.I. 1999/1319)
The entry for the Police
Negotiating Board for the
United Kingdom.
Scotland Act 1998 (Cross-Border Public
Authorities) (Adaptation of Functions
etc.) Order 1999 (S.I. 1999/1747)
15In Schedule 1, the entry for the
Police Negotiating Board for
the United Kingdom.
Schedule 21.
Scotland Act 1998 (Consequential
Modifications) (No. 2) Order 1999
(S.I. 1999/1820)
In Schedule 2, paragraph 124.
20
Police (Northern Ireland) Act 2000 (c. 32) In Schedule 6, paragraph 12(2).
Freedom of Information Act 2000 (c. 36) In Part 6 of Schedule 1, the entry
for the Police Negotiating
25Board.
Commissioners for Revenue and
Customs Act 2005 (c. 11)
In Schedule 4, paragraph 77.
Police and Justice Act 2006 (c. 48) In Schedule 4, paragraphs 3 and
10.
Police, Public Order and Criminal Justice
(Scotland) Act 2006 (asp 10)
30In Schedule 6, paragraph 5(3) and
(4).
Policing and Crime Act 2009 (c. 26) Section 23(3).
Northern Ireland Act 1998 (Devolution
of Policing and Justice Functions)
Order 2010 (S.I. 2010/976)
In Schedule 3, paragraphs 5 to 7.

35
Police Reform and Social Responsibility
Act 2011 (c. 13)
Section 24(2)(a).
In Schedule 16, paragraphs 30(3),
35(3) and 38.
Police and Fire Reform (Scotland) Act
2012 (asp 8)
40In Schedule 7, paragraph 13(4).

Anti-social Behaviour, Crime and Policing BillPage 148

Part 3 Amendments relating to Part 11

Extradition Act 2003 (c. 41)Extradition Act 2003 (c. 41)

67 In section 26 of that Act (appeal against extradition order: category 1
5territory), in subsection (4), for “Notice of an appeal” there is substituted
“Notice of application for leave to appeal”.

68 In section 103 of that Act (appeal where case sent to Secretary of State), in
subsection (9), for “Notice of an appeal” there is substituted “Notice of
application for leave to appeal”.

69 10In section 108 of that Act (appeal against extradition order: category 2
territory), in subsection (4), for “Notice of an appeal” there is substituted
“Notice of application for leave to appeal”.

70 (1) Section 216 of that Act (interpretative provisions) is amended as set out in
sub-paragraphs (2) and (3).

(2) 15After subsection (10) there is inserted—

(10A) Human Rights Convention” has the meaning given to “the
Convention” by section 21(1) of the Human Rights Act 1998.

(3) After subsection (12) there is inserted—

(12A) Refugee Convention” means the Convention relating to the Status
20of Refugees done at Geneva on 28 July 1951 and the Protocol to the
Convention.

(4) The following provisions of that Act are repealed in consequence of sub-
paragraphs (2) and (3)—

(a) the definition of “the Refugee Convention” in section 40(4);

(b) 25section 70(2A);

(c) section 153D(3).

71 In section 223 of that Act (orders and regulations), in subsection (6)(a), after
the entry for section 173(4) there is inserted—