Anti-social Behaviour Act 2003

(62B) (1) A person commits an offence if he knows that a direction under section 62A(1) has been given which applies to him and— (a) he fails to leave the relevant land as soon as reasonably practicable,or (b) he enters any land in the area of the relevant local authority as a trespasser before the end of the relevant period with the intention of residing there. (2) The relevant period is the period of 3 months starting with the day on which the direction is given. (3) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both. (4) A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant. (5) In proceedings for an offence under this section it is a defence for the accused to show— (a) that he was not trespassing on the land in respect of which he is alleged to have committed the offence, or (b) that he had a reasonable excuse— (i) for failing to leave the relevant land as soon as reasonably practicable, or (ii) for entering land in the area of the relevant local authority as a trespasser with the intention of residing there, or (c) that, at the time the direction was given, he was under the age of 18 years and was residing with his parent or guardian.

Failure to comply with direction: seizure

62

• (1) After section 62B of the Criminal Justice and Public Order Act 1994 (inserted by section 61) insert—

(62C) (1) This section applies if a direction has been given under section 62A(1) and a constable reasonably suspects that a person to whom the direction applies has, without reasonable excuse— (a) failed to remove any vehicle on the relevant land which appears to the constable to belong to him or to be in his possession or under his control; or (b) entered any land in the area of the relevant local authority as a trespasser with a vehicle before the end of the relevant period with the intention of residing there. (2) The relevant period is the period of 3 months starting with the day on which the direction is given. (3) The constable may seize and remove the vehicle.

• (2) In section 67(1) (retention and charges for seized vehicles) after “section 62(1)” insert “ , 62C(3) ”.

Common land: modifications

63

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

(62D) (1) In their application to common land sections 62A to 62C have effect with these modifications. (2) References to trespassing and trespassers have effect as if they were references to acts, and persons doing acts, which constitute— (a) a trespass as against the occupier, or (b) an infringement of the commoners' rights. (3) References to the occupier— (a) in the case of land to which the public has access, include the local authority and any commoner; (b) in any other case, include the commoners or any of them. (4) Subsection (1) does not— (a) require action by more than one occupier, or (b) constitute persons trespassers as against any commoner or the local authority if they are permitted to be there by the other occupier. (5) In this section “common land”, “commoner” and “the local authority” have the meanings given by section 61.

Interpretation

64

After section 62D of the Criminal Justice and Public Order Act 1994 (inserted by section 63) insert—

(62E) (1) Subsections (2) to (8) apply for the interpretation of sections 62A to 62D and this section. (2) “Land” does not include buildings other than— (a) agricultural buildings within the meaning of paragraphs 3 to 8 of Schedule 5 to the Local Government Finance Act 1988, or (b) scheduled monuments within the meaning of the Ancient Monuments and Archaeological Areas Act 1979. (3) “Local authority” means— (a) in Greater London, a London borough or the Common Council of the City of London; (b) in England outside Greater London, a county council, a district council or the Council of the Isles of Scilly; (c) in Wales, a county council or a county borough council. (4) “Occupier”, “trespass”, “trespassing” and “trespasser” have the meanings given by section 61 in relation to England and Wales. (5) “The relevant land” means the land in respect of which a direction under section 62A(1) is given. (6) “The relevant local authority” means— (a) if the relevant land is situated in the area of more than one local authority (but is not in the Isles of Scilly), the district council or county borough council within whose area the relevant land is situated; (b) if the relevant land is situated in the Isles of Scilly, the Council of the Isles of Scilly; (c) in any other case, the local authority within whose area the relevant land is situated. (7) “Vehicle” has the meaning given by section 61. (8) A person may be regarded as having a purpose of residing in a place even if he has a home elsewhere.

Part 8 — High hedges

Introductory

Complaints to which this Part applies

65

• (1) This Part applies to a complaint which—

• (a) is made for the purposes of this Part by an owner or occupier of a domestic property; and

• (b) alleges that his reasonable enjoyment of that property is being adversely affected by the height of a high hedge situated on land owned or occupied by another person.

• (2) This Part also applies to a complaint which—

• (a) is made for the purposes of this Part by an owner of a domestic property that is for the time being unoccupied, and

• (b) alleges that the reasonable enjoyment of that property by a prospective occupier of that property would be adversely affected by the height of a high hedge situated on land owned or occupied by another person,

as it applies to a complaint falling within subsection (1).

• (3) In relation to a complaint falling within subsection (2), references in sections 68 and 69 to the effect of the height of a high hedge on the complainant’s reasonable enjoyment of a domestic property shall be read as references to the effect that it would have on the reasonable enjoyment of that property by a prospective occupier of the property.

• (4) This Part does not apply to complaints about the effect of the roots of a high hedge.

• (5) In this Part, in relation to a complaint —

• “complainant” means—a person by whom the complaint is made; orif every person who made the complaint ceases to be an owner or occupier of the domestic property specified in the complaint, any other person who is for the time being an owner or occupier of that property;and references to the complainant include references to one or more of the complainants;

• “the neighbouring land” means the land on which the high hedge is situated; and

• “the relevant authority” means the local authority in whose area that land is situated.

High hedges

66

• (1) In this Part “high hedge” means so much of a barrier to light or access as—

• (a) is formed wholly or predominantly by a line of two or more evergreens; and

• (b) rises to a height of more than two metres above ground level.

• (2) For the purposes of subsection (1) a line of evergreens is not to be regarded as forming a barrier to light or access if the existence of gaps significantly affects its overall effect as such a barrier at heights of more than two metres above ground level.

• (3) In this section “evergreen” means an evergreen tree or shrub or a semi-evergreen tree or shrub.

Domestic property

67

• (1) In this Part “domestic property” means—

• (a) a dwelling; or

• (b) a garden or yard which is used and enjoyed wholly or mainly in connection with a dwelling.

• (2) In subsection (1) “dwelling” means any building or part of a building occupied, or intended to be occupied, as a separate dwelling.

• (3) A reference in this Part to a person’s reasonable enjoyment of domestic property includes a reference to his reasonable enjoyment of a part of the property.

Complaints procedure

Procedure for dealing with complaints

68

• (1) This section has effect where a complaint to which this Part applies—

• (a) is made to the relevant authority; and

• (b) is accompanied by such fee (if any) as the authority may determine.

• (2) If the authority consider—

• (a) that the complainant has not taken all reasonable steps to resolve the matters complained of without proceeding by way of such a complaint to the authority, or

• (b) that the complaint is frivolous or vexatious,

the authority may decide that the complaint should not be proceeded with.

• (3) If the authority do not so decide, they must decide—

• (a) whether the height of the high hedge specified in the complaint is adversely affecting the complainant’s reasonable enjoyment of the domestic property so specified; and

• (b) if so, what action (if any) should be taken in relation to that hedge, in pursuance of a remedial notice under section 69, with a view to remedying the adverse effect or preventing its recurrence.

• (4) If the authority decide under subsection (3) that action should be taken as mentioned in paragraph (b) of that subsection, they must as soon as is reasonably practicable—

• (a) issue a remedial notice under section 69 implementing their decision;

• (b) send a copy of that notice to the following persons, namely—

• (i) every complainant; and

• (ii) every owner and every occupier of the neighbouring land; and

• (c) notify each of those persons of the reasons for their decision.

• (5) If the authority—

• (a) decide that the complaint should not be proceeded with, or

• (b) decide either or both of the issues specified in subsection (3) otherwise than in the complainant’s favour,

they must as soon as is reasonably practicable notify the appropriate person or persons of any such decision and of their reasons for it.

• (6) For the purposes of subsection (5)—

• (a) every complainant is an appropriate person in relation to a decision falling within paragraph (a) or (b) of that subsection; and

• (b) every owner and every occupier of the neighbouring land is an appropriate person in relation to a decision falling within paragraph (b) of that subsection.

• (7) A fee determined under subsection (1)(b) must not exceed the amount prescribed in regulations made—

• (a) in relation to complaints relating to hedges situated in England, by the Secretary of State; and

• (b) in relation to complaints relating to hedges situated in Wales, by the National Assembly for Wales.

• (8) A fee received by a local authority by virtue of subsection (1)(b) may be refunded by them in such circumstances and to such extent as they may determine.

Remedial notices

69

• (1) For the purposes of this Part a remedial notice is a notice—

• (a) issued by the relevant authority in respect of a complaint to which this Part applies; and

• (b) stating the matters mentioned in subsection (2).

• (2) Those matters are—

• (a) that a complaint has been made to the authority under this Part about a high hedge specified in the notice which is situated on land so specified;

• (b) that the authority have decided that the height of that hedge is adversely affecting the complainant’s reasonable enjoyment of the domestic property specified in the notice;

• (c) the initial action that must be taken in relation to that hedge before the end of the compliance period;

• (d) any preventative action that they consider must be taken in relation to that hedge at times following the end of that period while the hedge remains on the land; and

• (e) the consequences under sections 75 and 77 of a failure to comply with the notice.

• (3) The action specified in a remedial notice is not to require or involve—

• (a) a reduction in the height of the hedge to less than two metres above ground level; or

• (b) the removal of the hedge.

• (4) A remedial notice shall take effect on its operative date.

• (5) “The operative date” of a remedial notice is such date (falling at least 28 days after that on which the notice is issued) as is specified in the notice as the date on which it is to take effect.

• (6) “The compliance period” in the case of a remedial notice is such reasonable period as is specified in the notice for the purposes of subsection (2)(c) as the period within which the action so specified is to be taken; and that period shall begin with the operative date of the notice.

• (7) Subsections (4) to (6) have effect in relation to a remedial notice subject to—

• (a) the exercise of any power of the relevant authority under section 70; and

• (b) the operation of sections 71 to 73 in relation to the notice.

• (8) While a remedial notice has effect, the notice—

• (a) shall be a local land charge; and

• (b) shall be binding on every person who is for the time being an owner or occupier of the land specified in the notice as the land where the hedge in question is situated.

• (9) In this Part—

• “initial action” means remedial action or preventative action, or both;

• “remedial action” means action to remedy the adverse effect of the height of the hedge on the complainant’s reasonable enjoyment of the domestic property in respect of which the complaint was made; and

• “preventative action” means action to prevent the recurrence of the adverse effect.

Withdrawal or relaxation of requirements of remedial notices

70

• (1) The relevant authority may—

• (a) withdraw a remedial notice issued by them; or

• (b) waive or relax a requirement of a remedial notice so issued.

• (2) The powers conferred by this section are exercisable both before and after a remedial notice has taken effect.

• (3) Where the relevant authority exercise the powers conferred by this section, they must give notice of what they have done to—

• (a) every complainant; and

• (b) every owner and every occupier of the neighbouring land.

• (4) The withdrawal of a remedial notice does not affect the power of the relevant authority to issue a further remedial notice in respect of the same hedge.

Appeals

Appeals against remedial notices and other decisions of relevant authorities

71

• (1) Where the relevant authority—

• (a) issue a remedial notice,

• (b) withdraw such a notice, or

• (c) waive or relax the requirements of such a notice,

each of the persons falling within subsection (2) may appeal to the appeal authority against the issue or withdrawal of the notice or (as the case may be) the waiver or relaxation of its requirements.

• (2) Those persons are—

• (a) every person who is a complainant in relation to the complaint by reference to which the notice was given; and

• (b) every person who is an owner or occupier of the neighbouring land.

• (3) Where the relevant authority decide either or both of the issues specified in section 68(3) otherwise than in the complainant’s favour, the complainant may appeal to the appeal authority against the decision.

• (4) An appeal under this section must be made before—

• (a) the end of the period of 28 days beginning with the relevant date; or

• (b) such later time as the appeal authority may allow.

• (5) In subsection (4) “the relevant date”—

• (a) in the case of an appeal against the issue of a remedial notice, means the date on which the notice was issued; and

• (b) in the case of any other appeal under this section, means the date of the notification given by the relevant authority under section 68 or 70 of the decision in question.

• (6) Where an appeal is duly made under subsection (1), the notice or (as the case may be) withdrawal, waiver or relaxation in question shall not have effect pending the final determination or withdrawal of the appeal.

• (7) In this Part “the appeal authority” means—

• (a) in relation to appeals relating to hedges situated in England, the Secretary of State; and

• (b) in relation to appeals relating to hedges situated in Wales, the National Assembly for Wales.

Appeals procedure

72

• (1) The appeal authority may by regulations make provision with respect to—

• (a) the procedure which is to be followed in connection with appeals to that authority under section 71; and

• (b) other matters consequential on or connected with such appeals.

• (2) Regulations under this section may, in particular, make provision—

• (a) specifying the grounds on which appeals may be made;

• (b) prescribing the manner in which appeals are to be made;

• (c) requiring persons making appeals to send copies of such documents as may be prescribed to such persons as may be prescribed;

• (d) requiring local authorities against whose decisions appeals are made to send to the appeal authority such documents as may be prescribed;

• (e) specifying, where a local authority are required by virtue of paragraph (d) to send the appeal authority a statement indicating the submissions which they propose to put forward on the appeal, the matters to be included in such a statement;

• (f) prescribing the period within which a requirement imposed by the regulations is to be complied with;

• (g) enabling such a period to be extended by the appeal authority;

• (h) for a decision on an appeal to be binding on persons falling within section 71(2) in addition to the person by whom the appeal was made;

• (i) for incidental or ancillary matters, including the awarding of costs.

• (3) Where an appeal is made to the appeal authority under section 71 the appeal authority may appoint a person to hear and determine the appeal on its behalf.

• (4) The appeal authority may require such a person to exercise on its behalf any functions which—

• (a) are conferred on the appeal authority in connection with such an appeal by section 71 or 73 or by regulations under this section; and

• (b) are specified in that person’s appointment;

and references to the appeal authority in section 71 or 73 or in any regulations under this section shall be construed accordingly.

• (5) The appeal authority may pay a person appointed under subsection (3) such remuneration as it may determine.

• (6) Regulations under this section may provide for any provision of Schedule 20 to the Environment Act 1995 (c. 25) (delegation of appellate functions) to apply in relation to a person appointed under subsection (3) with such modifications (if any) as may be prescribed.

• (7) In this section, “prescribed” means prescribed by regulations made by the appeal authority.

Determination or withdrawal of appeals

73

• (1) On an appeal under section 71 the appeal authority may allow or dismiss the appeal, either in whole or in part.

• (2) Where the appeal authority decides to allow such an appeal to any extent, it may do such of the following as it considers appropriate—

• (a) quash a remedial notice or decision to which the appeal relates;

• (b) vary the requirements of such a notice; or

• (c) in a case where no remedial notice has been issued, issue on behalf of the relevant authority a remedial notice that could have been issued by the relevant authority on the complaint in question.

• (3) On an appeal under section 71 relating to a remedial notice, the appeal authority may also correct any defect, error or misdescription in the notice if it is satisfied that the correction will not cause injustice to any person falling within section 71(2).

• (4) Once the appeal authority has made its decision on an appeal under section 71, it must, as soon as is reasonably practicable—

• (a) give a notification of the decision, and

• (b) if the decision is to issue a remedial notice or to vary or correct the requirements of such a notice, send copies of the notice as issued, varied or corrected,

to every person falling within section 71(2) and to the relevant authority.

• (5) Where, in consequence of the appeal authority’s decision on an appeal, a remedial notice is upheld or varied or corrected, the operative date of the notice shall be—

• (a) the date of the appeal authority’s decision; or

• (b) such later date as may be specified in its decision.

• (6) Where the person making an appeal under section 71 against a remedial notice withdraws his appeal, the operative date of the notice shall be the date on which the appeal is withdrawn.

• (7) In any case falling within subsection (5) or (6), the compliance period for the notice shall accordingly run from the date which is its operative date by virtue of that subsection (and any period which may have started to run from a date preceding that on which the appeal was made shall accordingly be disregarded).

Powers of entry

Powers of entry for the purposes of complaints and appeals

74

• (1) Where, under this Part, a complaint has been made or a remedial notice has been issued, a person authorised by the relevant authority may enter the neighbouring land in order to obtain information required by the relevant authority for the purpose of determining—

• (a) whether this Part applies to the complaint;

• (b) whether to issue or withdraw a remedial notice;

• (c) whether to waive or relax a requirement of a remedial notice;

• (d) whether a requirement of a remedial notice has been complied with.

• (2) Where an appeal has been made under section 71, a person authorised—

• (a) by the appeal authority, or

• (b) by a person appointed to determine appeals on its behalf,

may enter the neighbouring land in order to obtain information required by the appeal authority, or by the person so appointed, for the purpose of determining an appeal under this Part.

• (3) A person shall not enter land in the exercise of a power conferred by this section unless at least 24 hours' notice of the intended entry has been given to every occupier of the land.

• (4) A person authorised under this section to enter land—

• (a) shall, if so required, produce evidence of his authority before entering; and

• (b) shall produce such evidence if required to do so at any time while he remains on the land.

• (5) A person who enters land in the exercise of a power conferred by this section may—

• (a) take with him such other persons as may be necessary;

• (b) take with him equipment and materials needed in order to obtain the information required;

• (c) take samples of any trees or shrubs that appear to him to form part of a high hedge.

• (6) If, in the exercise of a power conferred by this section, a person enters land which is unoccupied or from which all of the persons occupying the land are temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.

• (7) A person who intentionally obstructs a person acting in the exercise of the powers under this section is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Enforcement powers etc.

Offences

75

• (1) Where—

• (a) a remedial notice requires the taking of any action, and

• (b) that action is not taken in accordance with that notice within the compliance period or (as the case may be) by the subsequent time by which it is required to be taken,

every person who, at a relevant time, is an owner or occupier of the neighbouring land is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

• (2) In subsection (1) “relevant time”—

• (a) in relation to action required to be taken before the end of the compliance period, means a time after the end of that period and before the action is taken; and

• (b) in relation to any preventative action which is required to be taken after the end of that period, means a time after that at which the action is required to be taken but before it is taken.

• (3) In proceedings against a person for an offence under subsection (1) it shall be a defence for him to show that he did everything he could be expected to do to secure compliance with the notice.

• (4) In any such proceedings against a person, it shall also be a defence for him to show, in a case in which he—

• (a) is not a person to whom a copy of the remedial notice was sent in accordance with a provision of this Part, and

• (b) is not assumed under subsection (5) to have had knowledge of the notice at the time of the alleged offence,

that he was not aware of the existence of the notice at that time.

• (5) A person shall be assumed to have had knowledge of a remedial notice at any time if at that time—

• (a) he was an owner of the neighbouring land; and

• (b) the notice was at that time registered as a local land charge.

• (6) Section 198 of the Law of Property Act 1925 (c. 20) (constructive notice) shall be disregarded for the purposes of this section.

• (7) Where a person is convicted of an offence under subsection (1) and it appears to the court—

• (a) that a failure to comply with the remedial notice is continuing, and

• (b) that it is within that person’s power to secure compliance with the notice,

the court may, in addition to or instead of imposing a punishment, order him to take the steps specified in the order for securing compliance with the notice.

• (8) An order under subsection (7) must require those steps to be taken within such reasonable period as may be fixed by the order.

• (9) Where a person fails without reasonable excuse to comply with an order under subsection (7) he is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

• (10) Where a person continues after conviction of an offence under subsection (9) (or of an offence under this subsection) to fail, without reasonable excuse, to take steps which he has been ordered to take under subsection (7), he is guilty of a further offence and shall be liable, on summary conviction, to a fine not exceeding one-twentieth of that level for each day on which the failure has so continued.

Power to require occupier to permit action to be taken by owner

76

Section 289 of the Public Health Act 1936 (c. 49) (power of court to require occupier to permit work to be done by owner) shall apply with any necessary modifications for the purpose of giving an owner of land to which a remedial notice relates the right, as against all other persons interested in the land, to comply with the notice.

Action by relevant authority

77

• (1) This section applies where—

• (a) a remedial notice requires the taking of any action; and

• (b) that action is not taken in accordance with that notice within the compliance period or (as the case may be) after the end of that period when it is required to be taken by the notice.

• (2) Where this section applies—

• (a) a person authorised by the relevant authority may enter the neighbouring land and take the required action; and

• (b) the relevant authority may recover any expenses reasonably incurred by that person in doing so from any person who is an owner or occupier of the land.

• (3) Expenses recoverable under this section shall be a local land charge and binding on successive owners of the land and on successive occupiers of it.

• (4) Where expenses are recoverable under this section from two or more persons, those persons shall be jointly and severally liable for the expenses.

• (5) A person shall not enter land in the exercise of a power conferred by this section unless at least 7 days' notice of the intended entry has been given to every occupier of the land.

• (6) A person authorised under this section to enter land—

• (a) shall, if so required, produce evidence of his authority before entering; and

• (b) shall produce such evidence if required to do so at any time while he remains on the land.

• (7) A person who enters land in the exercise of a power conferred by this section may—

• (a) use a vehicle to enter the land;

• (b) take with him such other persons as may be necessary;

• (c) take with him equipment and materials needed for the purpose of taking the required action.

• (8) If, in the exercise of a power conferred by this section, a person enters land which is unoccupied or from which all of the persons occupying the land are temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.

• (9) A person who wilfully obstructs a person acting in the exercise of powers under this section to enter land and take action on that land is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Offences committed by bodies corporate

78

• (1) Where an offence under this Part committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

• (a) a director, manager, secretary or other similar officer of the body corporate, or

• (b) any person who was purporting to act in any such capacity,

he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Supplementary

Service of documents

79

• (1) A notification or other document required to be given or sent to a person by virtue of this Part shall be taken to be duly given or sent to him if served in accordance with the following provisions of this section.

• (2) Such a document may be served—

• (a) by delivering it to the person in question;

• (b) by leaving it at his proper address; or

• (c) by sending it by post to him at that address.

• (3) Such a document may—

• (a) in the case of a body corporate, be served on the secretary or clerk of that body;

• (b) in the case of a partnership, be served on a partner or a person having the control or management of the partnership business.

• (4) For the purposes of this section and of section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, a person’s proper address shall be his last known address, except that—

• (a) in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body; and

• (b) in the case of a partnership or person having the control or the management of the partnership business, it shall be the principal office of the partnership.

• (5) For the purposes of subsection (4) the principal office of—

• (a) a company registered outside the United Kingdom, or

• (b) a partnership carrying on business outside the United Kingdom,

shall be their principal office within the United Kingdom.

• (6) If a person has specified an address in the United Kingdom other than his proper address within the meaning of subsection (4) as the one at which he or someone on his behalf will accept documents of a particular description, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address in connection with the service on him of a document of that description.

• (7) Where—

• (a) by virtue of this Part a document is required to be given or sent to a person who is an owner or occupier of any land, and

• (b) the name or address of that person cannot be ascertained after reasonable inquiry,

the document may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.

Documents in electronic form

80

• (1) A requirement of this Part—

• (a) to send a copy of a remedial notice to a person, or

• (b) to notify a person under section 68(4) of the reasons for the issue of a remedial notice,

is not capable of being satisfied by transmitting the copy or notification electronically or by making it available on a web-site.

• (2) The delivery of any other document to a person (the “recipient”) may be effected for the purposes of section 79(2)(a)—

• (a) by transmitting it electronically, or

• (b) by making it available on a web-site,

but only if it is transmitted or made available in accordance with subsection (3) or (5).

• (3) A document is transmitted electronically in accordance with this subsection if—

• (a) the recipient has agreed that documents may be delivered to him by being transmitted to an electronic address and in an electronic form specified by him for that purpose; and

• (b) the document is a document to which that agreement applies and is transmitted to that address in that form.

• (4) A document which is transmitted in accordance with subsection (3) by means of an electronic communications network shall, unless the contrary is proved, be treated as having been delivered at 9 a.m. on the working day immediately following the day on which it is transmitted.

• (5) A document is made available on a web-site in accordance with this subsection if—

• (a) the recipient has agreed that documents may be delivered to him by being made available on a web-site;

• (b) the document is a document to which that agreement applies and is made available on a web-site;

• (c) the recipient is notified, in a manner agreed by him, of—

• (i) the presence of the document on the web-site;

• (ii) the address of the web-site; and

• (iii) the place on the web-site where the document may be accessed.

• (6) A document made available on a web-site in accordance with subsection (5) shall, unless the contrary is proved, be treated as having been delivered at 9a.m. on the working day immediately following the day on which the recipient is notified in accordance with subsection (5)(c).

• (7) In this section—

• “electronic address” includes any number or address used for the purposes of receiving electronic communications;

• “electronic communication” means an electronic communication within the meaning of the Electronic Communications Act 2000 (c. 7) the processing of which on receipt is intended to produce writing;

• “electronic communications network” means an electronic communications network within the meaning of the Communications Act 2003 (c. 21);

• “electronically” means in the form of an electronic communication;

• “working day” means a day which is not a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80).

Power to make further provision about documents in electronic form

81

• (1) Regulations may amend section 80 by modifying the circumstances in which, and the conditions subject to which, the delivery of a document for the purposes of section 79(2)(a) may be effected by—

• (a) transmitting the document electronically; or

• (b) making the document available on a web-site.

• (2) Regulations may also amend section 80 by modifying the day on which and the time at which documents which are transmitted electronically or made available on a web-site in accordance with that section are to be treated as having been delivered.

• (3) Regulations under this section may make such consequential amendments of this Part as the person making the regulations considers appropriate.

• (4) The power to make such regulations shall be exercisable—

• (a) in relation to documents relating to complaints about hedges situated in England, by the Secretary of State; and

• (b) in relation to documents relating to complaints about hedges situated in Wales, by the National Assembly for Wales.

• (5) In this section “electronically” has the meaning given in section 80.

Interpretation

82

In this Part—

• “the appeal authority” has the meaning given by section 71(7);

• “complaint” shall be construed in accordance with section 65;

• “complainant” has the meaning given by section 65(5);

• “the compliance period” has the meaning given by section 69(6);

• “domestic property” has the meaning given by section 67;

• “high hedge” has the meaning given by section 66;

• “local authority”, in relation to England, means—a district council;a county council for a county in which there are no districts;a London borough council; orthe Common Council of the City of London;and, in relation to Wales, means a county council or a county borough council;

• “the neighbouring land” has the meaning given by section 65(5);

• “occupier”, in relation to any land, means a person entitled to possession of the land by virtue of an estate or interest in it;

• “the operative date” shall be construed in accordance with sections 69(5) and 73(5) and (6);

• “owner”, in relation to any land, means a person (other than a mortgagee not in possession) who, whether in his own right or as trustee for any person—is entitled to receive the rack rent of the land, orwhere the land is not let at a rack rent, would be so entitled if it were so let;

• “preventative action” has the meaning given by section 69(9);

• “the relevant authority” has the meaning given by section 65(5);

• “remedial notice” shall be construed in accordance with section 69(1);

• “remedial action” has the meaning given by section 69(9).

Power to amend sections 65 and 66

83

• (1) Regulations may do one or both of the following—

• (a) amend section 65 for the purpose of extending the scope of complaints relating to high hedges to which this Part applies; and

• (b) amend section 66 (definition of “high hedge”).

• (2) The power to make such regulations shall be exercisable—

• (a) in relation to complaints about hedges situated in England, by the Secretary of State; and

• (b) in relation to complaints about hedges situated in Wales, by the National Assembly for Wales.

• (3) Regulations under this section may make such consequential amendments of this Part as the person making the regulations considers appropriate.

Crown application

84

• (1) This Part and any provision made under it bind the Crown.

• (2) This section does not impose criminal liability on the Crown.

• (3) Subsection (2) does not affect the criminal liability of persons in the service of the Crown.

Part 9 — Miscellaneous powers

Anti-social behaviour orders

85

• (1) The Crime and Disorder Act 1998 (c. 37) is amended as follows.

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

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

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

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

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

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

• (8) In section 9 (which makes supplemental provision about parenting orders) after subsection (1A) there is inserted the following subsection—

(1B) If an anti-social behaviour order is made in respect of a person under the age of 16 the court which makes the order— (a) must make a parenting order if it is satisfied that the relevant condition is fulfilled; (b) if it is not so satisfied, must state in open court that it is not and why it is not.

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

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

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

Certain orders made on conviction of offences

86

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

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

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

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

• (5) In section 14A of the Football Spectators Act 1989 (c. 37) after subsection (3) there are inserted the following subsections—

(3A) For the purpose of deciding whether to make an order under this section the court may consider evidence led by the prosecution and the defence. (3B) It is immaterial whether evidence led in pursuance of subsection (3A) would have been admissible in the proceedings in which the offender was convicted.

• (6) In section 3(2) of the Prosecution of Offences Act 1985 (c. 23) (functions of the Director of Public Prosecutions) after paragraph (f) the word “and” is omitted and there is inserted the following paragraph—

(fa) to have the conduct of applications for orders under section 1C of the Crime and Disorder Act 1998 (orders made on conviction of certain offences) and section 14A of the Football Spectators Act 1989 (banning orders made on conviction of certain offences);

.

Penalty notices for disorderly behaviour by young persons

87

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

Curfew orders and supervision orders

88

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

Extension of powers of community support officers etc.

89

• (1) The Police Reform Act 2002 (c. 30) is amended as follows.

• (2) In section 105 (powers of Secretary of State to make orders and regulations) in subsection (3)(b) after “99(6)” insert “ or paragraph 15A(2) of Schedule 4 or paragraph 9A(2) of Schedule 5 ”.

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

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

• (5) In paragraph 1(2) of Schedule 5 (powers of accredited persons to issue fixed penalty notices) after paragraph (a) insert—

(aa) the powers of a constable in uniform to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (fixed penalty notices in respect of offences of disorder) except in respect of an offence under section 12 of the Licensing Act 1872 or section 91 of the Criminal Justice Act 1967;

.

• (6) After paragraph 8 of that Schedule insert—

(8A) (1) Subject to sub-paragraph (2), a person whose accreditation specifies that this paragraph applies to him shall, within the relevant police area, have the power of a constable in uniform under section 163(2) of the Road Traffic Act 1988 to stop a cycle. (2) The power mentioned in sub-paragraph (1) may only be exercised by that person in relation to a person who he has reason to believe has committed an offence under section 72 of the Highway Act 1835 (riding on a footway) by cycling.

• (7) After paragraph 9 of that Schedule insert—

(9A) (1) The Secretary of State may by order provide that paragraph 1(2)(aa) is to have effect as if the reference to the powers there mentioned did not include those powers so far as they relate to an offence under any provision for the time being mentioned in the first column of the Table in section 1(1) of the Criminal Justice and Police Act 2001 which is specified in the order. (2) The Secretary of State shall not make an order containing (with or without any other provision) any provision authorised by this paragraph unless a draft of that order has been laid before Parliament and approved by a resolution of each House.

Report by local authority in certain cases where person remanded on bail

90

After section 23A of the Children and Young Persons Act 1969 (c. 54) there is inserted—

(23B) (1) Subsection (2) below applies where a court remands a person aged 10 or 11 on bail and either— (a) the person is charged with or has been convicted of a serious offence, or (b) in the opinion of the court the person is a persistent offender. (2) The court may order a local authority to make an oral or written report specifying where the person is likely to be placed or maintained if he is further remanded to local authority accommodation. (3) An order under subsection (2) above must designate the local authority which is to make the report; and that authority must be the local authority which the court would have designated under section 23(2) of this Act if the person had been remanded to local authority accommodation. (4) An order under subsection (2) above must specify the period within which the local authority must comply with the order. (5) The maximum period that may be so specified is seven working days. (6) If the Secretary of State by order so provides, subsection (2) above also applies where— (a) a court remands on bail any person who has attained the age of 12 and is under the age of 17, (b) the requirement in section 23AA(3) of this Act is fulfilled, and (c) in a case where he is remanded after conviction, the court is satisfied that the behaviour which constituted the offence was due, to a significant extent, to the circumstances in which the offender was living. (7) In this section— - “serious offence” means an offence punishable in the case of an adult with imprisonment for a term of two years or more. - “working day” means any day other than— 1. a Saturday or a Sunday, 2. Christmas day or Good Friday, or 3. a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.

.

Proceedings under section 222 of the Local Government Act 1972: power of arrest attached to injunction

91

• (1) This section applies to proceedings in which a local authority is a party by virtue of section 222 of the Local Government Act 1972 (c. 70) (power of local authority to bring, defend or appear in proceedings for the promotion or protection of the interests of inhabitants of their area).

• (2) If the court grants an injunction which prohibits conduct which is capable of causing nuisance or annoyance to a person it may, if subsection (3) below applies, attach a power of arrest to any provision of the injunction.

• (3) This subsection applies if the local authority applies to the court to attach the power of arrest and the court thinks that either—

• (a) the conduct mentioned in subsection (2) consists of or includes the use or threatened use of violence, or

• (b) there is a significant risk of harm to the person mentioned in that subsection.

• (4) Harm includes serious ill-treatment or abuse (whether physical or not).

• (5) Local authority has the same meaning as in section 222 of the Local Government Act 1972.

Part 10 — General

Repeals

92

Schedule 3 contains repeals.

Commencement

93

• (1) Except as provided in subsections (2) and (3), the preceding provisions of this Act (other than subsections (9) to (11) of section 85) come into force in accordance with provision made by the Secretary of State by order.

• (2) Part 2 and sections 19 to 22, 24, 40 to 45, 47 to 52, 55, 56 and 91—

• (a) so far as relating to England, come into force in accordance with provision made by the Secretary of State by order;

• (b) so far as relating to Wales, come into force in accordance with provision made by the National Assembly for Wales by order.

• (3) Part 8 comes into force—

• (a) in relation to complaints about hedges situated in England, in accordance with provision made by the Secretary of State by order;

• (b) in relation to complaints about hedges situated in Wales, in accordance with provision made by the National Assembly for Wales by order.

Orders and regulations

94

• (1) References in this section to subordinate legislation are to—

• (a) an order of the Secretary of State or the National Assembly for Wales under this Act;

• (b) regulations under this Act.

• (2) Subordinate legislation—

• (a) may make different provision for different purposes, different cases and different areas;

• (b) may include incidental, supplemental, consequential, saving or transitional provisions (including provisions applying, with or without modification, provision contained in an enactment).

• (3) A power to make subordinate legislation is exercisable by statutory instrument.

• (4) A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if it contains subordinate legislation made by the Secretary of State other than—

• (a) regulations under section 81 or 83; or

• (b) an order under section 93.

• (5) No regulations shall be made by the Secretary of State under section 81 or 83 (whether alone or with other provisions) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

Money

95

There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

Extent

96

• (1) Parts 1 to 4 and 6 to 9 extend to England and Wales only.

• (2) Part 5 and this Part do not extend to Northern Ireland.

Short title

97

This Act may be cited as the Anti-social Behaviour Act 2003.

SCHEDULE 1

1

In the Housing Act 1996 (c. 52) after section 143 the following sections are inserted as Chapter 1A of Part 5—

(143A) (1) This section applies to a periodic tenancy of a dwelling-house if each of the following conditions is satisfied. (2) The first condition is that the landlord is either a local housing authority or a housing action trust. (3) The second condition is that the tenant condition in section 81 of the Housing Act 1985 is satisfied. (4) The third condition is that the tenancy is created by virtue of a demotion order under section 82A of that Act. (5) In this Chapter— (a) a tenancy to which this section applies is referred to as a demoted tenancy; (b) references to demoted tenants must be construed accordingly. (143B) (1) A demoted tenancy becomes a secure tenancy at the end of the period of one year (the demotion period) starting with the day the demotion order takes effect; but this is subject to subsections (2) to (5). (2) A tenancy ceases to be a demoted tenancy if any of the following paragraphs applies— (a) either of the first or second conditions in section 143A ceases to be satisfied; (b) the demotion order is quashed; (c) the tenant dies and no one is entitled to succeed to the tenancy. (3) If at any time before the end of the demotion period the landlord serves a notice of proceedings for possession of the dwelling-house subsection (4) applies. (4) The tenancy continues as a demoted tenancy until the end of the demotion period or (if later) until any of the following occurs— (a) the notice of proceedings is withdrawn by the landlord; (b) the proceedings are determined in favour of the tenant; (c) the period of 6 months beginning with the date on which the notice is served ends and no proceedings for possession have been brought. (5) A tenancy does not come to an end merely because it ceases to be a demoted tenancy. (143C) (1) A tenancy continues to be a demoted tenancy for the duration of the demotion period if— (a) at the time the demoted tenancy is created the interest of the landlord belongs to a local housing authority or a housing action trust, and (b) during the demotion period the interest of the landlord transfers to another person who is a local housing authority or a housing action trust. (2) Subsections (3) and (4) apply if— (a) at the time the demoted tenancy is created the interest of the landlord belongs to a local housing authority or a housing action trust, and (b) during the demotion period the interest of the landlord transfers to a person who is not such a body. (3) If the new landlord is a registered social landlord or a person who does not satisfy the landlord condition the tenancy becomes an assured shorthold tenancy. (4) If the new landlord is not a registered social landlord and does satisfy the landlord condition the tenancy becomes a secure tenancy. (5) The landlord condition must be construed in accordance with section 80 of the Housing Act 1985. (143D) (1) The landlord may only bring a demoted tenancy to an end by obtaining an order of the court for possession of the dwelling-house. (2) The court must make an order for possession unless it thinks that the procedure under sections 143E and 143F has not been followed. (3) If the court makes such an order the tenancy comes to an end on the date on which the tenant is to give up possession in pursuance of the order. (143E) (1) Proceedings for possession of a dwelling-house let under a demoted tenancy must not be brought unless the landlord has served on the tenant a notice of proceedings under this section. (2) The notice must— (a) state that the court will be asked to make an order for the possession of the dwelling-house; (b) set out the reasons for the landlord’s decision to apply for the order; (c) specify the date after which proceedings for the possession of the dwelling-house may be begun; (d) inform the tenant of his right to request a review of the landlord’s decision and of the time within which the request must be made. (3) The date specified under subsection (2)(c) must not be earlier than the date on which the tenancy could (apart from this Chapter) be brought to an end by notice to quit given by the landlord on the same date as the notice of proceedings. (4) The court must not entertain proceedings begun on or before the date specified under subsection (2)(c). (5) The notice must also inform the tenant that if he needs help or advice— (a) about the notice, or (b) about what to do about the notice, he must take the notice immediately to a Citizen’s Advice Bureau, a housing aid centre, a law centre or a solicitor. (143F) (1) Before the end of the period of 14 days beginning with the date of service of a notice for possession of a dwelling-house let under a demoted tenancy the tenant may request the landlord to review its decision to seek an order for possession. (2) If a request is made in accordance with subsection (1) the landlord must review the decision. (3) The Secretary of State may by regulations make provision as to the procedure to be followed in connection with a review under this section. (4) The regulations may include provision— (a) requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision; (b) as to the circumstances in which the tenant is entitled to an oral hearing, and whether and by whom he may be represented at the hearing. (5) The landlord must notify the tenant— (a) of the decision on the review; (b) of the reasons for the decision. (6) The review must be carried out and notice given under subsection (5) before the date specified in the notice of proceedings as the date after which proceedings for possession of the dwelling-house may be begun. (143G) (1) This section applies if the landlord has begun proceedings for the possession of a dwelling-house let under a demoted tenancy and— (a) the demotion period ends, or (b) any of paragraphs (a) to (c) of section 143B(2) applies (circumstances in which a tenancy ceases to be a demoted tenancy). (2) If any of paragraphs (a) to (c) of section 143B(2) applies the tenancy ceases to be a demoted tenancy but the landlord (or the new landlord as the case may be) may continue the proceedings. (3) Subsection (4) applies if in accordance with subsection (2) a tenancy ceases to be a demoted tenancy and becomes a secure tenancy. (4) The tenant is not entitled to exercise the right to buy unless— (a) the proceedings are finally determined, and (b) he is not required to give up possession of the dwelling-house. (5) The proceedings must be treated as finally determined if— (a) they are withdrawn; (b) any appeal is abandoned; (c) the time for appealing expires without an appeal being brought. (143H) (1) This section applies if the tenant under a demoted tenancy dies. (2) If the tenant was a successor, the tenancy— (a) ceases to be a demoted tenancy, but (b) does not become a secure tenancy. (3) In any other case a person is qualified to succeed the tenant if— (a) he occupies the dwelling-house as his only or principal home at the time of the tenant’s death, (b) he is a member of the tenant’s family, and (c) he has resided with the tenant throughout the period of 12 months ending with the tenant’s death. (4) If only one person is qualified to succeed under subsection (3) the tenancy vests in him by virtue of this section. (5) If there is more than one such person the tenancy vests by virtue of this section in the person preferred in accordance with the following rules— (a) the tenant’s spouse or (if the tenant has no spouse) the person mentioned in section 143P(1)(b) is to be preferred to another member of the tenant’s family; (b) if there are two or more other members of the tenant’s family the person preferred may be agreed between them or (if there is no such agreement) selected by the landlord. (143I) (1) This section applies if the demoted tenant dies and no person is qualified to succeed to the tenancy as mentioned in section 143H(3). (2) The tenancy ceases to be a demoted tenancy if either subsection (3) or (4) applies. (3) This subsection applies if the tenancy is vested or otherwise disposed of in the course of the administration of the tenant’s estate unless the vesting or other disposal is in pursuance of an order under— (a) section 23A or 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings); (b) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, etc); (c) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents). (4) This subsection applies if it is known that when the tenancy is vested or otherwise disposed of in the course of the administration of the tenant’s estate it will not be in pursuance of an order mentioned in subsection (3). (5) A tenancy which ceases to be a demoted tenancy by virtue of this section cannot subsequently become a secure tenancy. (143J) (1) This section applies for the purpose of sections 143H and 143I. (2) A person is a successor to a secure tenancy which is terminated by a demotion order if any of subsections (3) to (6) applies to him. (3) The tenancy vested in him— (a) by virtue of section 89 of the Housing Act 1985 or section 133 of this Act; (b) under the will or intestacy of the preceding tenant. (4) The tenancy arose by virtue of section 86 of the Housing Act 1985 and the original fixed term was granted— (a) to another person, or (b) to him jointly with another person. (5) He became the tenant on the tenancy being assigned to him unless— (a) the tenancy was assigned in proceedings under section 23A or 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings) or section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, etc), and (b) neither he nor the other party to the marriage was a successor. (6) He became the tenant on assignment under section 92 of the Housing Act 1985 if he himself was a successor to the tenancy which he assigned in exchange. (7) A person is the successor to a demoted tenancy if the tenancy vested in him by virtue of section 143H(4) or (5). (8) A person is the successor to a joint tenancy if he has become the sole tenant. (143K) (1) A demoted tenancy is not capable of being assigned except as mentioned in subsection (2). (2) The exceptions are assignment in pursuance of an order made under— (a) section 24 of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings); (b) section 17(1) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce, etc.); (c) paragraph 1 of Schedule 1 to the Children Act 1989 (orders for financial relief against parents). (143L) The Secretary of State may by regulations under section 96 of the Housing Act 1985 (secure tenants: right to carry out repairs) apply to demoted tenants any provision made under that section in relation to secure tenants. (143M) (1) This section applies to a local housing authority or a housing action trust if it is the landlord of a demoted tenancy. (2) The landlord must from time to time publish information about the demoted tenancy in such form as it thinks best suited to explain in simple terms and so far as it considers appropriate the effect of— (a) the express terms of the demoted tenancy; (b) the provisions of this Chapter; (c) the provisions of sections 11 to 16 of the Landlord and Tenant Act 1985 (landlord’s repairing obligations). (3) The landlord must ensure that information published under subsection (2) is, so far as is reasonably practicable, kept up to date. (4) The landlord must supply the tenant with— (a) a copy of the information published under subsection (2); (b) a written statement of the terms of the tenancy, so far as they are neither expressed in the lease or written tenancy agreement (if any) nor implied by law. (5) The statement required by subsection (4)(b) must be supplied on the grant of the tenancy or as soon as practicable afterwards. (143N) (1) A county court has jurisdiction— (a) to determine questions arising under this Chapter; (b) to entertain proceedings brought under this Chapter; (c) to determine claims (for whatever amount) in connection with a demoted tenancy. (2) The jurisdiction includes jurisdiction to entertain proceedings as to whether a statement supplied in pursuance of section 143M(4)(b) (written statement of certain terms of tenancy) is accurate. (3) For the purposes of subsection (2) it is immaterial that no relief other than a declaration is sought. (4) If a person takes proceedings in the High Court which, by virtue of this section, he could have taken in the county court he is not entitled to recover any costs. (5) The Lord Chancellor may make such rules and give such directions as he thinks fit for the purposes of giving effect to this section. (6) The rules and directions may provide— (a) for the exercise by a district judge of a county court of any jurisdiction exercisable under this section; (b) for the conduct of proceedings in private. (7) The power to make rules must be exercised by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (143O) (1) For the purposes of this Chapter a dwelling-house may be a house or a part of a house. (2) Land let together with a dwelling-house must be treated for the purposes of this Chapter as part of the dwelling-house unless the land is agricultural land which would not be treated as part of a dwelling-house for the purposes of Part 4 of the Housing Act 1985. (143P) (1) For the purposes of this Chapter a person is a member of another’s family if— (a) he is the spouse of that person; (b) he and that person live together as a couple in an enduring family relationship, but he does not fall within paragraph (c); (c) he is that person’s parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece. (2) For the purposes of subsection (1)(b) it is immaterial that two persons living together in an enduring family relationship are of the same sex. (3) For the purposes of subsection (1)(c)— (a) a relationship by marriage must be treated as a relationship by blood; (b) a relationship of the half-blood must be treated as a relationship of the whole blood; (c) a stepchild of a person must be treated as his child.

2

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

• (2) In section 105 (requirement to consult secure tenants on certain housing management matters) after subsection (6) there is inserted the following subsection—

(7) For the purposes of this section— (a) secure tenants include demoted tenants within the meaning of section 143A of the Housing Act 1996; (b) secure tenancies include demoted tenancies within the meaning of that section.

• (3) In section 171B (extent of preserved right to buy) after subsection (1) there is inserted the following subsection—

(1A) A person to whom this section applies ceases to have the preserved right to buy if the tenancy of a relevant dwelling-house becomes a demoted tenancy by virtue of a demotion order under section 6A of the Housing Act 1988.

• (4) In Schedule 1 (tenancies which are not secure tenancies) after paragraph 1A (introductory tenancies) there is inserted the following paragraph—

(1B) A tenancy is not a secure tenancy if it is a demoted tenancy within the meaning of section 143A of the Housing Act 1996.

• (5) In Schedule 4 (qualifying period for right to buy and discount) after paragraph 9 (the tenant condition) there is inserted the following paragraph—

(9A) The tenant condition is not met during any period when a tenancy is a demoted tenancy by virtue of section 20B of the Housing Act 1988 or section 143A of the Housing Act 1996.

SCHEDULE 2

Interpretation

1

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

Curfew orders

2

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

Supervision orders

3

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

4

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

Consequential amendments

5

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

6

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

SCHEDULE 3

Closure order

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

Contracting out of local authority functions

Parenting orders under the 1998 Act

Parenting contracts in respect of criminal conduct and anti-social behaviour : youth offending teams

Code of practice

Parenting contracts in respect of criminal conduct and anti-social behaviour : youth offending teams

Authorisations: supplemental

Possession of air weapon or imitation firearm in public place

Air weapons: age limits

Recovery of expenditure

Amount of penalty

Interpretation etc

Extension of litter authority powers to take remedial action

Sale of aerosol paint to children

Common land: modifications

Common land: modifications

Appeals procedure

Defacement removal notices

Guidance

Aggravated trespass

Appeals procedure

Interpretation

Appeals procedure

Power to require occupier to permit action to be taken by owner

Raves

Common land: modifications

Proceedings under section 222 of the Local Government Act 1972: power of arrest attached to injunction

Proceedings under section 222 of the Local Government Act 1972: power of arrest attached to injunction

Curfew orders and supervision orders

Report by local authority in certain cases where person remanded on bail

Interpretation

Curfew orders

Supervision orders

Consequential amendments

Editorial notes