Anti-social Behaviour Act 2003

Part 1 — Premises where drugs used unlawfully

Interpretation

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Closure order

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Closure order: enforcement

3

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Closure of premises: offences

4

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Extension and discharge of closure order

5

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Appeals

6

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Access to other premises

7

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Reimbursement of costs

8

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Exemption from liability for certain damages

9

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Compensation

10

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Interpretation

11

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Part 2 — Housing

Anti-social behaviour: landlords' policies and procedures

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• (1) In Part 8 of the Housing Act 1996 (c. 52) before section 219 (power of Secretary of State to give directions as to certain charges by social landlords) there is inserted the following section—

(218A) (1) This section applies to the following landlords— (a) a local housing authority; (b) a housing action trust; (c) a registered social landlord. (2) The landlord must prepare— (a) a policy in relation to anti-social behaviour; (b) procedures for dealing with occurrences of anti-social behaviour. (3) The landlord must not later than 6 months after the commencement of section 12 of the Anti-social Behaviour Act 2003 publish a statement of the policy and procedures prepared under subsection (2). (4) The landlord must from time to time keep the policy and procedures under review and, when it thinks appropriate, publish a revised statement. (5) A copy of a statement published under subsection (3) or (4)— (a) must be available for inspection at all reasonable hours at the landlord’s principal office; (b) must be provided on payment of a reasonable fee to any person who requests it. (6) The landlord must also— (a) prepare a summary of its current policy and procedures; (b) provide without charge a copy of the summary to any person who requests it. (7) In preparing and reviewing the policy and procedures the landlord must have regard to guidance issued— (a) by the Secretary of State in the case of a local housing authority or a housing action trust; (b) by the Relevant Authority under section 36 in the case of a registered social landlord. (8) Anti-social behaviour is any conduct to which section 153A or 153B applies. (9) Relevant Authority has the same meaning as in Part 1.

• (2) In section 36(2) of that Act (functions of the Housing Corporation relating to guidance and corresponding functions relating to Wales) after paragraph (h) there is inserted the following paragraph—

(i) the policy and procedures a landlord is required under section 218A to prepare and from time to time revise in connection with anti-social behaviour.

Injunctions against anti-social behaviour on application of certain social landlords

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Security of tenure: anti-social behaviour

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• (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) ”;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(82A) (1) This section applies to a secure tenancy if the landlord is— (a) a local housing authority; (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 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 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 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 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 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; (d) the dates on which the rent is payable. (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 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; (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) Section 83 of that Act is amended as follows—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in subsection (2)(b) for the words from “an order” to “tenancy” substitute “ the order ”;

• (c) after subsection (4) insert—

(4A) If the proceedings are for a demotion order under section 82A the notice— (a) must specify the date after which the proceedings may be begun; (b) ceases to be in force twelve months after the date so specified.

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• (d) in subsection (5) for “or (4)” substitute “ (4) or (4A) ”.

• (4) 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 section—

(6A) (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. (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 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 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-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. (5) The court must not entertain proceedings for a demotion order unless— (a) the landlord has served on the tenant a notice under subsection (6), or (b) the court thinks it is just and equitable to dispense with the requirement of the notice. (6) The notice must— (a) give particulars of the conduct in respect of which the order is sought; (b) state that the proceedings will not begin before the date specified in the notice; (c) state that the proceedings will not begin after the end of the period of twelve months beginning with the date of service of the notice. (7) The date specified for the purposes of subsection (6)(b) must not be before the end of the period of two weeks beginning with the date of service of the notice. (8) 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; (b) the period of the tenancy; (c) the amount of the rent; (d) the dates on which the rent is payable. (9) Subsection (8)(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. (10) If the landlord of the demoted tenancy serves on the tenant a statement 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. (11) For the purposes of this section a demoted tenancy is a tenancy to which section 20B of the Housing Act 1988 applies.

• (5) Schedule 1 amends the Housing Act 1996 (c. 52) and the Housing Act 1985 (c. 68).

Demoted assured shorthold tenancies

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• (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—

(20B) (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 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. (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 (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 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 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 to that Act (assured tenancies which are not shorthold tenancies) after paragraph 5 (former secure tenancies) there is inserted the following paragraph—

(5A) An assured tenancy which ceases to be an assured shorthold tenancy by virtue of section 20B(2) or (4).

Proceedings for possession: anti-social behaviour

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• (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) (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 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.

• (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) (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 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.

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—

• (a) the Housing Act 1985;

• (b) the Housing Act 1988;

• (c) the Housing Act 1996 (c. 52).

Part 3 — Parental responsibilities

Parenting orders under the 1998 Act

Parenting orders under the 1998 Act

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• (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— (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 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.

• (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 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 proportionate in all the circumstances.

Truancy and misbehaviour at school

Parenting contracts in cases of exclusion from school or truancy

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• (1) This section applies where a pupil has been excluded on disciplinary grounds from a relevant school for a fixed period or permanently.

• (1A) This section also applies where a local authority or the governing body of a relevant school have reason to believe that a child who is a registered pupil at a relevant school has engaged in behaviour connected with the school which—

• (a) has caused, or is likely to cause—

• (i) significant disruption to the education of other pupils, or

• (ii) significant detriment to the welfare of the child himself or of other pupils or to the health or safety of any staff, or

• (b) forms part of a pattern of behaviour which (if continued) will give rise to a risk of future exclusion from the school on disciplinary grounds.

• (1B) For the purposes of subsection (1A) the child's behaviour is connected with the school to the extent that it consists of—

• (a) conduct at the school, or

• (b) conduct elsewhere in circumstances in which it would be reasonable for the school to regulate his conduct.

• (2) This section also applies where a child of compulsory school age has failed to attend regularly at —

• (a) a relevant school at which he is a registered pupil,

• (b) any place at which education is provided for him in the circumstances mentioned in subsection (1) or (1A) of section 444ZA of the Education Act 1996, and

• (c) any place at which he is required to attend in the circumstances mentioned in subsection (1B) or (2) of that section.

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

• (b) a statement by the local 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.

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

• (a) in a case falling within subsection (1) or (1A), 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 local 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 authorities and governing bodies of relevant schools must, in 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.

Parenting orders in cases of exclusion from school

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• (1) Subsection (2) applies where—

• (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 relevant body may apply to a magistrates' court for a parenting order in respect of a parent of the pupil.

• (2A) A relevant body may also apply to a magistrates' court for a parenting order in respect of a pupil at a relevant school if—

• (a) it appears to the body making the application that the pupil has engaged in behaviour which would warrant the exclusion of the pupil from the school on disciplinary grounds for a fixed period or permanently, and

• (b) such conditions as may be prescribed in regulations made by the appropriate person are satisfied.

• (2B) For the purposes of subsection (2A), there are to be disregarded—

• (a) any practice restricting the use of exclusion at a particular school, or at schools of a particular description, and

• (b) any grounds that might exist for not excluding the pupil, to the extent that those grounds relate to his education or welfare after exclusion.

• (3) If an application is made under subsection (2) or (2A), the court may make a parenting order in respect of a pupil if it is satisfied—

• (a) in the case of an application under subsection (2A), that the pupil has engaged in behaviour of the kind mentioned in that subsection, and

• (b) in any case, that the making of 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 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 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 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.

• (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.

• (9) In this section “a relevant body” means—

• (a) a local authority ,

• (b) the governing body of any relevant school in England at which the pupil to whom the application relates is a pupil or from which he has been excluded.

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) or (1A) of that section, or

• (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.

• (1A) In deciding whether to make a parenting order under section 20, a court must also take into account any failure by the parent without reasonable excuse to attend a reintegration interview under section 102 of the Education and Inspections Act 2006 (reintegration interview in case of fixed period exclusion) when requested to do so in accordance with regulations under that section.

• (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) (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) local authorities ,governing bodies 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 purpose.

Parenting orders: appeals

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• (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 (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.

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 attendance at school of registered pupil) insert—

(444A) (1) Where an authorised officer has reason to believe— (a) that a person has committed an offence under section 444(1), 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 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 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 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 may be specified in regulations. (444B) (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 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 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, (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 proceedings for the offence to which the withdrawn 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 (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 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. (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). (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— - “authorised officer” means— 1. a constable, 2. an officer of a local education authority in England who is authorised by the authority to give penalty notices, or 3. an authorised staff member, - “authorised staff member” means— 1. a head teacher of a relevant school in England, or 2. 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, - “penalty” means a penalty under a penalty notice, - “penalty notice” has the meaning given by section 444A(2), - “relevant school” means— 1. a maintained school, 2. a pupil referral unit, 3. an Academy, 4. a city technology college, or 5. 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 may be served or given ”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In paragraph 1(2) of Schedule 5 to that Act (powers of accredited persons to issue fixed penalty notices) before paragraph (b) insert—

(ab) the power of a constable to give a penalty notice under section 444A of the Education Act 1996 (penalty notice in respect of failure to secure regular attendance at school of registered pupil);

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• (7) After paragraph 1(3) of that Schedule insert—

(4) In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in sub-paragraph (2)(ab), sub-paragraph (1) shall have effect as if for the words from “who he has reason to believe” to the end there were substituted “in the relevant police area who he has reason to believe has committed or is committing a relevant fixed penalty offence”.

• (8) In paragraph 2 of that Schedule (power to require giving of name and address) after sub-paragraph (3) insert—

(4) In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in paragraph 1(2)(ab), sub-paragraph (1) of this paragraph shall have effect as if for the words “has committed a relevant offence in the relevant police area” there were substituted “in the relevant police area has committed a relevant offence”.

• (9) The National Assembly for Wales may by order amend sections 444A and 444B of the Education Act 1996 (c. 56) by removing the words “in England” in each place where they occur.

• (10) Where an order is made under subsection (9), any functions of the Secretary of State under sections 444A and 444B of the Education Act 1996 which by virtue of the order become exercisable in relation to Wales are to be treated as if they had been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38).

Interpretation

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In this section and sections 19 to 22A—

• “the appropriate person” means—in relation to England, the Secretary of State, andin relation to Wales, the National Assembly for Wales,

• “child of compulsory school age” has the same meaning as in the 1996 Act, and “child” is to be construed accordingly,

• “governing body”, in relation to a relevant school which is an Academy school, alternative provision Academy , a city technology college or a city college for the technology of the arts, means the proprietor of the school, as defined by section 579(1) of the 1996 Act;

• “head teacher” includes acting head teacher, teacher in charge and acting teacher in charge,

• “local authority” has the same meaning as in the 1996 Act,

• “parent”, in relation to a pupil or child, is to be construed in accordance with section 576 of the 1996 Act, but does not include a person who is not an individual,

• “pupil” is to be construed in accordance with section 3(1) and (1A) of the 1996 Act,

• “registered pupil” has the meaning given by section 434(5) of the 1996 Act,

• “ relevant school ” means— a community, foundation or voluntary school,a community or foundation special school,a maintained nursery school as defined in section 22(9) of the School Standards and Framework Act 1998,a pupil referral unit as defined in section 19(2) or 19A(2) of the 1996 Act, an Academy school, an alternative provision Academy,a city technology college, ora city college for the technology of the arts,

• “responsible officer”, in relation to a parenting order, means one of the following who is specified in the order, namely—an officer of a local authority , anda head teacher or a person nominated by a head teacher,but a person falling within paragraph (b) may not be specified in the order without his consent,

• “the 1996 Act” means the Education Act 1996 (c. 56).

Criminal conduct and anti-social behaviour

Parenting contracts in respect of criminal conduct and anti-social behaviour

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• (1) This section applies where a child or young person has been referred to a youth offending team.

• (2) The youth offending team may enter into a parenting contract with a parent of the child or young person if a member of that team has reason to believe that the child or young person has engaged, or is likely to engage, in criminal conduct or anti-social behaviour.

• (3) 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 youth offending team that it agrees to provide support to the parent for the purpose of complying with those requirements.

• (4) The requirements mentioned in subsection (3)(a) may include (in particular) a requirement to attend a counselling or guidance programme.

• (5) The purpose of the requirements mentioned in subsection (3)(a) is to prevent the child or young person from engaging in criminal conduct or anti-social behaviour or further criminal conduct or further anti-social behaviour.

• (6) A parenting contract must be signed by the parent and signed on behalf of the youth offending team.

• (7) A parenting contract does not create any obligations in respect of whose breach any liability arises in contract or in tort.

• (8) Youth offending teams must, in carrying out their functions in relation to parenting contracts, have regard to any guidance which is issued by the Secretary of State from time to time for that purpose.

Parenting orders in respect of criminal conduct and anti-social behaviour

26

• (1) This section applies where a child or young person has been referred to a youth offending team.

• (2) A member of the youth offending team may apply to a magistrates' court for a parenting order in respect of a parent of the child or young person.

• (3) If such an application is made, the court may make a parenting order in respect of a parent of the child or young person if it is satisfied—

• (a) that the child or young person has engaged in criminal conduct or anti-social behaviour, and

• (b) that making the order would be desirable in the interests of preventing the child or young person from engaging in further criminal conduct or further anti-social behaviour.

• (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), 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 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 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 preventing the child or young person from engaging in further criminal conduct or further anti-social behaviour.

• (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.

• (9) A person is eligible to be the responsible officer in relation to a parenting order under this section only if he is a member of a youth offending team.

Parenting orders: supplemental

27

• (1) In deciding whether to make a parenting order under section 26, 26A or 26B, a court must take into account (amongst other things)—

• (a) any refusal by the parent to enter into a parenting contract under section 25, 25A or 25B in respect of the child or young person, or

• (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 26, 26A or 26B in the case of a child or a young person under the age of 16, a court must obtain and consider information about the child or young person’s family circumstances and the likely effect of the order on those circumstances.

• (3) Subsections (3) to (7) of section 9 of the 1998 Act (supplemental provisions about parenting orders) are to apply in relation to—

• (a) a parenting order under section 26,

• (b) a parenting order under section 26A, or

• (c) a parenting order under section 26B,

as they apply in relation to a parenting order under section 8 of that Act.

• (3A) Proceedings for an offence under section 9(7) of the 1998 Act (parenting orders: breach of requirement etc.) as applied by subsection (3)(b) above may be brought by any of the following local authorities—

• (a) the local authority that applied for the order, if the child or young person, or the person alleged to be in breach, resides or appears to reside in that authority's area;

• (b) the local authority of the child or young person, if that child or young person does not reside or appear to reside in the area of the local authority that applied for the order;

• (c) the local authority of the person alleged to be in breach, if that person does not reside or appear to reside in the area of the local authority that applied for the order.

• (3B) For the purposes of subsection (3A)(b) and (c)—

• (a) an individual's local authority is the local authority in whose area the individual resides or appears to reside; but

• (b) if the place where an individual resides or appears to reside is within the area of a county council and within the area of a district council, a reference to that individual's local authority is to be read as a reference to either of those authorities.

• (4) In carrying out their functions in relation to parenting orders—

• (a) members of youth offending teams,

• (b) local authorities in England,

• (c) private registered providers of social housing, and

• (d) responsible officers in relation to parenting orders made on the application of local authorities in England or of private registered providers of social housing ,

must have regard to any guidance which is issued by the Secretary of State from time to time for that purpose.

• (4A) In carrying out their functions in relation to parenting orders—

• (a) local authorities in Wales,

• (b) registered social landlords, and

• (c) responsible officers in relation to parenting orders made on the application of local authorities in Wales or of registered social landlords ,

must have regard to any guidance which is issued by the National Assembly for Wales from time to time for that purpose.

Parenting orders: appeals

28

• (1) An appeal lies to the Crown Court against the making of a parenting order by a magistrates' court under section 26, 26A or 26B.

• (1A) An appeal lies to the High Court against the making of a parenting order by the county court under section 26A or 26B.

• (2) Subsections (2) and (3) of section 10 of the 1998 Act (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) of that section.

Interpretation and consequential amendment

29

• (1) In this section and sections 25 to 28—

• “anti-social behaviour” means behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more other persons not of the same household as the person,

• “child” has the same meaning as in the 1998 Act,

• “criminal conduct” means conduct which—constitutes a criminal offence, orin the case of conduct by a person under the age of 10, would constitute a criminal offence if that person were not under that age,

• “guardian” has the same meaning as in the Children and Young Persons Act 1933 (c. 12),

• “ housing accommodation ” has the meaning given by section 153E(9) of the Housing Act 1996;

• “housing management functions”, in relation to a relevant housing provider, include—functions conferred by or under any enactment;the powers and duties of the relevant housing provider as the holder of an estate or interest in housing accommodation,

• “ local authority ” means— a county council in England; a district council in England; a London borough council;the Common Council of the City of London;the Council of the Isles of Scilly;a county council or county borough council in Wales;

• “parent” includes guardian,

• “ registered social landlord ” means a body registered as such under Chapter 1 of Part 1 of the Housing Act 1996;

• “relevant housing provider” has the meaning given by section 25B(1A),

• “responsible officer”, in relation to a parenting order, means the person who is specified as such in the order,

• “the 1998 Act” means the Crime and Disorder Act 1998 (c. 37),

• “young person” has the same meaning as in the 1998 Act,

• “youth offending team” means a team established under section 39 of the 1998 Act.

• (2) In section 38(4) of the 1998 Act (meaning of “youth justice services”) after paragraph (e) insert—

(ee) the performance by youth offending teams and members of youth offending teams of functions under sections 25 to 27 of the Anti-social Behaviour Act 2003;

.

Part 4 — Dispersal of groups etc.

Dispersal of groups and removal of persons under 16 to their place of residence

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisations: supplemental

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers under section 30: supplemental

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of community support officers

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Code of practice

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorisations by British Transport Police

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 5 — Firearms

Possession of air weapon or imitation firearm in public place

37

• (1) In section 19 of the Firearms Act 1968 (c. 27) (offence to carry firearm in public place) for the words from “a loaded shot gun” to the end of the section substitute—

(a) a loaded shot gun, (b) an air weapon (whether loaded or not), (c) any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm, or (d) an imitation firearm.

• (2) In Part I of Schedule 6 to that Act (punishment) in the entry relating to section 19—

• (a) in the second column (general nature of offence) for “loaded firearm” substitute “ firearm or imitation firearm ”, and

• (b) in the third column (mode of prosecution) after “not” insert “ in the case of an imitation firearm or ”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Air weapons: age limits

38

• (1) The Firearms Act 1968 shall be amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 23 (the heading to which becomes “Exceptions from s. 22(4)”)—

• (a) in subsection (2) omit “or (5)”, and

• (b) after subsection (2) insert—

(3) It is not an offence under section 22(4) of this Act for a person of or over the age of fourteen to have with him an air weapon or ammunition on private premises with the consent of the occupier. (4) But where a person has with him an air weapon on premises in circumstances where he would be prohibited from having it with him but for subsection (3), it is an offence for him to use it for firing any missile beyond those premises.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) In Part I of Schedule 6 (punishment)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) after that entry insert—

Section 23(4)	Person under 17 making improper use of air weapon on private premises.	Summary	A fine of level 3 on the standard scale.	Paragraphs 7 and 8 of Part II of this Schedule apply.

,

and

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In Part II of that Schedule (supplementary)—

• (a) in paragraph 7 for “22(4) or (5), 23(1)” substitute “ 22(4), 23(1) or (4) ”, and

• (b) in paragraph 8 for “22(3), (4) or (5), 23(1)” substitute “ 22(3) or (4), 23(1) or (4) ”.

Prohibition of certain air weapons

39

• (1) The Firearms Act 1968 (c. 27) shall be amended as follows.

• (2) In section 1(3)(b) after “air pistol” insert “ which does not fall within section 5(1) and which is ”.

• (3) In section 5 (weapons subject to general prohibition) after subsection (1)(ae) insert—

(af) any air rifle, air gun or air pistol which uses, or is designed or adapted for use with, a self-contained gas cartridge system;

.

• (4) If at the time when subsection (3) comes into force a person has in his possession an air rifle, air gun or air pistol of the kind described in section 5(1)(af) of the Firearms Act 1968 (inserted by subsection (3) above)—

• (a) section 5(1) of that Act shall not prevent the person’s continued possession of the air rifle, air gun or air pistol,

• (b) section 1 of that Act shall apply, and

• (c) a chief officer of police may not refuse to grant or renew, and may not revoke or partially revoke, a firearm certificate under Part II of that Act on the ground that the person does not have a good reason for having the air rifle, air gun or air pistol in his possession.

• (5) But subsection (4)(a) to (c) shall not apply to possession in the circumstances described in section 8 of that Act (authorised dealing).

• (6) In section 1 of the Firearms (Amendment) Act 1988 (c. 45)—

• (a) in subsection (4), omit the word “or” at the end of paragraph (a) and after paragraph (b) insert—

; or (c) any air rifle, air gun or air pistol which is not for the time being specified in that subsection but appears to him to be specially dangerous,

, and

• (b) after subsection (4) insert—

(4A) An order under subsection (4)— (a) may provide for a provision of the principal Act to apply with or without modification or exception in relation to anything added to subsection (1) of section 5 by the order, (b) may impose conditions in respect of any application, modification or exception provided for by the order (which may, in particular, include provision requiring a person to obtain a certificate in accordance with an enactment referred to or applied by the order), (c) may make provision generally or by reference to a particular purpose or circumstance, (d) may confer a function on the Secretary of State or another specified person, and (e) may make transitional, consequential or incidental provision.

Part 6 — The environment

Noise

Closure of noisy premises

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Closure of noisy premises: supplemental

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dealing with noise at night

42

• (1) The Noise Act 1996 (c. 37) is amended as follows.

• (2) For section 1 (sections 2 to 9 only apply to area of local authority if authority have so resolved or an order by Secretary of State so provides) substitute—

(1) Sections 2 to 9 apply to the area of every local authority in England and Wales.

• (3) For section 2(1) (local authority under duty to investigate complaint of noise from dwelling at night) substitute—

(1) A local authority in England and Wales may, if they receive a complaint of the kind mentioned in subsection (2), arrange for an officer of the authority to take reasonable steps to investigate the complaint.

• (4) In section 2(7) (power of local authority to act in relation to dwelling within area of other authority) omit the words from “and accordingly” to the end.

• (5) In section 9 (section 8: supplementary), for subsection (4) substitute—

(4) A local authority may use any sums it receives under section 8 (its “penalty receipts”) only for the purposes of functions of its that are qualifying functions. (4A) The following are qualifying functions for the purposes of this section— (a) functions under this Act, and (b) functions of a description specified in regulations made by the Secretary of State. (4B) Regulations under subsection (4A)(b) may (in particular) have the effect that a local authority may use its penalty receipts for the purposes of any of its functions. (4C) A local authority must supply the Secretary of State with such information relating to the use of its penalty receipts as the Secretary of State may require. (4D) The Secretary of State may by regulations— (a) make provision for what a local authority is to do with its penalty receipts— (i) pending their being used for the purposes of qualifying functions of the authority; (ii) if they are not so used before such time after their receipt as may be specified by the regulations; (b) make provision for accounting arrangements in respect of a local authority’s penalty receipts. (4E) The provision that may be made under subsection (4D)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the Secretary of State) other than the local authority. (4F) Before making regulations under this section, the Secretary of State must consult— (a) the local authorities to which the regulations are to apply, and (b) such other persons as the Secretary of State considers appropriate.

• (6) In section 11 (interpretation and subordinate legislation), in subsection (3) after “order”, in the first place where it occurs, insert “ or regulations ”.

• (7) The reference to the Noise Act 1996 (c. 37) in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) is to be treated as referring to that Act as amended by this section.

Penalty notices for graffiti and fly-posting

Penalty notices for graffiti and fly-posting

43

• (1) Where an authorised officer of a local authority has reason to believe that a person has committed a relevant offence in the area of that authority, he may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a penalty in accordance with the notice.

• (2) But an authorised officer may not give a notice under subsection (1) if he considers that the commission of the offence—

• (a) in the case of a relevant offence falling within section 44(1)(c), also involves the commission of an offence under section 30 of the Crime and Disorder Act 1998 (c. 37), or

• (b) in the case of any other relevant offence, was motivated (wholly or partly) by hostility—

• (i) towards a person based upon his membership (or presumed membership) of a racial or religious group, or

• (ii) towards members of a racial or religious group based on their membership of that group.

• (3) In the case of a relevant offence falling within section 44(1)(f), an authorised officer may not give a notice to a person under subsection (1) in relation to the display of an advertisement unless he has reason to believe that that person personally affixed or placed the advertisement to, against or upon the land or object on which the advertisement is or was displayed.

• (4) Where a person is given a notice under subsection (1) in respect of an offence—

• (a) no proceedings may be instituted for that offence (or any other relevant offence arising out of the same circumstances) before the expiration of the period of fourteen days following the date of the notice, and

• (b) he may not be convicted of that offence (or any other relevant offence arising out of the same circumstances) if before the expiration of that period he pays the penalty in accordance with the notice.

• (5) A notice under subsection (1) must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.

• (6) A notice under subsection (1) must also state—

• (a) the period during which, by virtue of subsection (4), proceedings will not be instituted for the offence,

• (b) the amount of the penalty, and

• (c) the person to whom and the address at which the penalty may be paid.

• (7) Without prejudice to payment by any other method, payment of a penalty in pursuance of a notice under subsection (1) may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (6)(c) at the address so mentioned.

• (8) Where a letter is sent in accordance with subsection (7) payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

• (9) A notice under subsection (1) must be in such form as the appropriate person may by order prescribe.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of relevant offence

44

• (1) “Relevant offence” means—

• (a) an offence under paragraph 10 of section 54 of the Metropolitan Police Act 1839 (c. 47) (affixing posters etc),

• (b) an offence under section 20(1) of the London County Council (General Powers) Act 1954 (defacement of streets with slogans etc),

• (c) an offence under section 1(1) of the Criminal Damage Act 1971 (c. 48) (damaging property etc) which involves only the painting or writing on, or the soiling, marking or other defacing of, any property by whatever means,

• (d) an offence under section 131(2) of the Highways Act 1980 (c. 66) (including that provision as applied by section 27(6) of the Countryside Act 1968 (c. 41)) which involves only an act of obliteration,

• (e) an offence under section 132(1) of the Highways Act 1980 (painting or affixing things on structures on the highway etc),

• (f) an offence under section 224(3) of the Town and Country Planning Act 1990 (c. 8) (displaying advertisement in contravention of regulations).

• (2) This section has effect for the purposes of the interpretation of section 43.

Penalty receipts

45

• (1) The fixed penalty payable in pursuance of a notice under section 43(1) is payable to the local authority whose authorised officer gave the notice.

• (2) In any proceedings a certificate which—

• (a) purports to be signed by or on behalf of the person responsible for the financial affairs of a local authority, and

• (b) states that payment of a penalty payable in pursuance of a notice under section 43(1) was or was not received by a date specified in the certificate,

is evidence of the facts stated.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of police civilians

46

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In paragraph 1 of Schedule 5 to that Act (powers of accredited persons to issue fixed penalty notices)—

• (a) at the end of sub-paragraph (2)(b) omit “and”, and

• (b) after sub-paragraph (2)(b) insert—

(ba) the power of an authorised officer of a local authority to give a notice under section 43(1) of the Anti-social Behaviour Act 2003 (penalty notices in respect of graffiti or fly-posting); and

.

Interpretation etc

47

• (1) In this section and sections 43 to 43B and 45—

• “advertisement” and “land” have the meanings given by section 336(1) of the Town and Country Planning Act 1990 (c. 8),

• “appropriate person” means—in relation to England, the Secretary of State, andin relation to Wales, the National Assembly for Wales,

• “ authorised officer ”, in relation to a local authority, means— an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under section 43(1);any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function; andany employee of such a person who is authorised in writing by the authority for the purpose of giving such notices,

• “local authority” means an authority in England and Wales which is a litter authority for the purposes of section 88 of the Environmental Protection Act 1990 (c. 43),

• “racial group” and “religious group” have the meanings given by section 28(4) and (5) of the Crime and Disorder Act 1998 (c. 37).

• (2) Section 28(2) of the Crime and Disorder Act 1998 is to apply for the purposes of section 43(2)(b)(i) as it applies for the purposes of section 28(1)(a) of that Act.

• (3) The appropriate person may issue guidance—

• (a) about the exercise of the discretion to give notices under section 43(1), and

• (b) about the giving of such notices.

• (4) The appropriate person may by regulations prescribe conditions to be satisfied by a person before a parish or community council may authorise him in writing for the purpose of giving notices under section 43(1).

...

Graffiti removal notices

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recovery of expenditure

49

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemption from liability in relation to graffiti removal notices

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Advertisements

Display of advertisements in contravention of regulations

53

In section 224(3) of the Town and Country Planning Act 1990 (c. 8) (offence of displaying advertisement in contravention of regulations) for “level 3”, in both places where it occurs, substitute “ level 4 ”.

Aerosol paints

Sale of aerosol paint to children

54

• (1) A person commits an offence if he sells an aerosol paint container to a person under the age of sixteen.

• (2) In subsection (1) “aerosol paint container” means a device which—

• (a) contains paint stored under pressure, and

• (b) is designed to permit the release of the paint as a spray.

• (3) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (4) It is a defence for a person charged with an offence under this section in respect of a sale to prove that—

• (a) he took all reasonable steps to determine the purchaser’s age, and

• (b) he reasonably believed that the purchaser was not under the age of sixteen.

• (5) It is a defence for a person charged with an offence under this section in respect of a sale effected by another person to prove that he (the defendant) took all reasonable steps to avoid the commission of an offence under this section.

Waste and litter

Unlawfully deposited waste etc

55

• (1) The Control of Pollution (Amendment) Act 1989 (c. 14) is amended in accordance with subsections (2) and (3).

• (2) In subsection (1) of section 7 (further enforcement provisions) for “relevant authority” substitute “ waste regulation authority ”.

• (3) After subsection (1) of section 9 (interpretation) insert—

(1A) In sections 5 to 7 above “regulation authority” also means a waste collection authority falling within section 30(3)(a), (b) or (bb) of the Environmental Protection Act 1990.

• (4) After section 59 of the Environmental Protection Act 1990 (c. 43) insert—

(59A) (1) The Secretary of State may issue directions setting out categories of waste to which a waste regulation authority or waste collection authority in England and Wales should give priority for the purposes of exercising its powers under section 59 above. (2) Priorities set out in directions under subsection (1) above may be different for different authorities or areas. (3) But nothing in this section or in any directions issued under it affects any power of an authority under section 59 above.

• (5) In section 71 of the Environmental Protection Act 1990 (c. 43) (obtaining information from persons and authorities), after subsection (3) insert—

(4) The Secretary of State may, by notice in writing, require a waste regulation authority or waste collection authority in England and Wales to supply to him, or to such other person as may be specified in the notice, such information as may be so specified in respect of— (a) cases where the authority has exercised any powers under section 59 above, and (b) cases where the authority has taken action under any other enactment in respect of any deposit or other disposal of controlled waste in contravention of section 33(1) above.

• (6) Subsection (15) of section 108 of the Environment Act 1995 (c. 25) (powers of enforcing authorities and persons authorised by them) is amended in accordance with subsections (7) to (9).

• (7) In the definition of “enforcing authority” after paragraph (b) insert—

(ba) a waste collection authority;

.

• (8) After the definition of “pollution control functions” in relation to the Agency or SEPA insert—

• “pollution control functions”, in relation to a waste collection authority, means the functions conferred on it by section 59 of the Environmental Protection Act 1990;

.

• (9) After the definition of “premises” insert—

“waste collection authority” shall be construed in accordance with section 30(3)(a), (b) and (bb) of the Environmental Protection Act 1990.

• (10) The reference to the Environmental Protection Act 1990 in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/ 672) is to be treated as referring to that Act as amended by this section.

Extension of litter authority powers to take remedial action

56

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The reference to the Environmental Protection Act 1990 (c. 43) in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/ 672) is to be treated as referring to that Act as amended by this section.

Part 7 — Public order and trespass

Public assemblies

57

In section 16 of the Public Order Act 1986 (c. 64) (which defines “public assembly” for the purposes of the power in section 14 of that Act to impose conditions on public assemblies), in the definition of “public assembly” for “20” substitute “ 2 ”.

Raves

58

• (1) Section 63 of the Criminal Justice and Public Order Act 1994 (c. 33) (powers in relation to raves) is amended as follows.

• (2) In subsection (1) for “100” substitute “ 20 ”.

• (3) After subsection (1) insert—

(1A) This section also applies to a gathering if— (a) it is a gathering on land of 20 or more persons who are trespassing on the land; and (b) it would be a gathering of a kind mentioned in subsection (1) above if it took place on land in the open air.

• (4) In subsection (2) omit “in the open air”.

• (5) In subsection (7) for “this section” substitute “ subsection (6) above ”.

• (6) After subsection (7) insert—

(7A) A person commits an offence if— (a) he knows that a direction under subsection (2) above has been given which applies to him, and (b) he makes preparations for or attends a gathering to which this section applies within the period of 24 hours starting when the direction was given. (7B) A person guilty of an offence under subsection (7A) above is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both.

Aggravated trespass

59

• (1) The Criminal Justice and Public Order Act 1994 is amended as follows.

• (2) In section 68 (offence of aggravated trespass), in subsection (1) (which defines the offence by reference to trespass on land in the open air and lawful activity on land in the open air) omit “in the open air” in both places where those words appear.

• (3) In section 69 (powers to remove persons committing or participating in aggravated trespass), in subsection (1) (which confers the power by reference to trespass on land in the open air) omit “in the open air” in both places where those words appear.

Power to remove trespassers: alternative site available

60

After section 62 of the Criminal Justice and Public Order Act 1994 (c. 33) insert—

(62A) (1) If the senior police officer present at a scene reasonably believes that the conditions in subsection (2) are satisfied in relation to a person and land, he may direct the person— (a) to leave the land; (b) to remove any vehicle and other property he has with him on the land. (2) The conditions are— (a) that the person and one or more others (“the trespassers”) are trespassing on the land; (b) that the trespassers have between them at least one vehicle on the land; (c) that the trespassers are present on the land with the common purpose of residing there for any period; (d) if it appears to the officer that the person has one or more caravans in his possession or under his control on the land, that there is a suitable pitch on a relevant caravan site for that caravan or each of those caravans; (e) that the occupier of the land or a person acting on his behalf has asked the police to remove the trespassers from the land. (3) A direction under subsection (1) may be communicated to the person to whom it applies by any constable at the scene. (4) Subsection (5) applies if— (a) a police officer proposes to give a direction under subsection (1) in relation to a person and land, and (b) it appears to him that the person has one or more caravans in his possession or under his control on the land. (5) The officer must consult every local authority within whose area the land is situated as to whether there is a suitable pitch for the caravan or each of the caravans on a relevant caravan site which is situated in the local authority’s area. (6) In this section— - “caravan” and “caravan site” have the same meanings as in Part 1 of the Caravan Sites and Control of Development Act 1960; - “relevant caravan site” means a caravan site which is— 1. situated in the area of a local authority within whose area the land is situated, and 2. managed by a relevant site manager; - “relevant site manager” means— 1. a local authority within whose area the land is situated; 2. a registered social landlord; - “registered social landlord” means a body registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996. (7) The Secretary of State may by order amend the definition of “relevant site manager” in subsection (6) by adding a person or description of person. (8) An order under subsection (7) must be made by statutory instrument and is subject to annulment in pursuance of a resolution of either House of Parliament.

Failure to comply with direction: offences

61

After section 62A of the Criminal Justice and Public Order Act 1994 (c. 33) (inserted by section 60) insert—