Anti-social Behaviour Act 2003

Closure of noisy premises

Penalty notices: power to require name and address

Public assemblies

Penalty notices: power to require name and address

54A

• (1) It is the duty of every local weights and measures authority—

• (a) to consider, at least once in every period of twelve months, the extent to which it is appropriate for the authority to carry out in their area a programme of enforcement action in relation to section 54; and

• (b) to the extent that they consider it appropriate to do so, carry out such a programme.

• (2) For the purposes of subsection (1), a programme of enforcement action in relation to section 54 is a programme involving all or any of the following—

• (a) the bringing of prosecutions in respect of offences under that section;

• (b) the investigation of complaints in respect of alleged offences under that section;

• (c) the taking of other measures intended to reduce the incidence of offences under that section.

Aggravated trespass

Determination or withdrawal of appeals

Aggravated trespass

Failure to comply with direction: seizure

Common land: modifications

Interpretation

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

Certain orders made on conviction of offences

Penalty notices for disorderly behaviour by young persons

Curfew orders and supervision orders

Air weapons: age limits

Closure of noisy premises: supplemental

Defacement removal notices

Amount of penalty

Raves

Failure to comply with direction: seizure

Failure to comply with direction: seizure

Raves

Common land: modifications

Interpretation

High hedges

Failure to comply with direction: seizure

Certain orders made on conviction of offences

Certain orders made on conviction of offences

Penalty notices for disorderly behaviour by young persons

Action by relevant authority

43A

• (1) The amount of a penalty payable in pursuance of a notice under section 43(1)—

• (a) is the amount specified by a relevant local authority in relation to its area (whether or not the penalty is payable to that or another authority), or

• (b) if no amount is so specified, is—

• (i) in England, £100, or

• (ii) in Wales, £75.

• (2) In subsection (1)(a), “ relevant local authority ” means—

• (a) a district council in England;

• (b) a county council in England for an area for which there is no district council;

• (c) a London borough council;

• (d) the Common Council of the City of London;

• (e) the Council of the Isles of Scilly;

• (f) a county or county borough council in Wales.

• (3) The local authority to which a penalty is payable in pursuance of a notice under section 43(1) may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority.

• (4) The appropriate person may by regulations make provision in connection with the powers conferred under subsections (1)(a) and (3).

• (5) Regulations under subsection (4) may (in particular)—

• (a) require an amount specified under subsection (1)(a) to fall within a range prescribed in the regulations;

• (b) restrict the extent to which, and the circumstances in which, a local authority can make provision under subsection (3).

• (6) The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (1)(b).

43B

• (1) If an authorised officer of a local authority proposes to give a person a notice under section 43(1), the officer may require the person to give him his name and address.

• (2) A person commits an offence if—

• (a) he fails to give his name and address when required to do so under subsection (1), or

• (b) he gives a false or inaccurate name or address in response to a requirement under that subsection.

• (3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Power to remove trespassers: alternative site available

Prohibition of certain air weapons

Interpretation etc

Common land: modifications

Action by relevant authority

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

Action by relevant authority

Repeals

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

Certain orders made on conviction of offences

Complaints to which this Part applies

Failure to comply with direction: seizure

Interpretation

Curfew orders and supervision orders

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

Aggravated trespass

Extension of powers of community support officers etc.

Repeals

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

Commencement

Security of tenure: anti-social behaviour

Parenting contracts in respect of anti-social behaviour: local authorities

Code of practice

Air weapons: age limits

Interpretation etc

Sale of aerosol paint to children

Recovery of expenditure

Certain orders made on conviction of offences

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

25A

• (1) A local authority may enter into a parenting contract with a parent of a child or young person if—

• (a) the local authority has reason to believe that the child or young person has engaged, or is likely to engage, in anti-social behaviour, and

• (b) the child or young person resides, or appears to reside, in the local authority's area.

• (2) 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 that it agrees to provide support to the parent for the purpose of complying with those requirements.

• (3) The requirements mentioned in subsection (2)(a) may include (in particular) a requirement to attend a counselling or guidance programme.

• (4) The purpose of the requirements mentioned in subsection (2)(a) is to prevent the child or young person from engaging in anti-social behaviour or further anti-social behaviour.

• (5) A parenting contract must be signed by the parent and signed on behalf of the local authority.

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

• (7) In carrying out their functions in relation to parenting contracts—

• (a) local authorities in England shall have regard to any guidance which is issued by the Secretary of State from time to time for that purpose;

• (b) local authorities in Wales shall have regard to any guidance which is issued by the National Assembly for Wales from time to time for that purpose.

25B

• (1) A relevant housing provider may enter into a parenting contract with a parent of a child or young person if—

• (a) the relevant housing provider has reason to believe that the child or young person—

• (i) has engaged in anti-social behaviour, or

• (ii) is likely to engage in such behaviour,

and

• (b) that behaviour directly or indirectly relates to or affects the housing management functions of the relevant housing provider (or, where paragraph (a)(ii) applies, would do so if the behaviour were engaged in).

• (1A) “Relevant housing provider” means—

• (a) a non-profit registered provider of social housing, or

• (b) a registered social landlord.

• (2) 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 relevant housing provider that it agrees to make arrangements for the provision of support to the parent for the purpose of complying with those requirements.

• (3) The requirements mentioned in subsection (2)(a) may include (in particular) a requirement to attend a counselling or guidance programme.

• (4) The purpose of the requirements mentioned in subsection (2)(a) is to prevent the child or young person from engaging in anti-social behaviour or further anti-social behaviour.

• (5) A parenting contract must be signed by the parent and signed on behalf of the relevant housing provider .

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

• (7) In carrying out their functions in relation to parenting contracts—

• (a) non-profit registered providers of social housing shall have regard to any guidance which is issued by the Secretary of State from time to time for that purpose;

• (b) registered social landlords on the register maintained by the National Assembly for Wales shall have regard to any guidance which is issued by the Assembly from time to time for that purpose.

26A

• (1) A local authority may apply for a parenting order in respect of a parent of a child or young person if—

• (a) the local authority has reason to believe that the child or young person has engaged in anti-social behaviour, and

• (b) the child or young person resides, or appears to reside, in the local authority's area.

An application for such an order may be made to a magistrates' court or, where section 26C so allows, to the county court .

• (2) 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 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 anti-social behaviour.

• (3) 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 (4), 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.

• (4) A parenting order under this section may, but need not, include a requirement mentioned in subsection (3)(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.

• (5) A counselling or guidance programme which a parent is required to attend by virtue of subsection (3)(b) may be or include a residential course but only if the court is satisfied that the following two conditions are fulfilled.

• (6) 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 anti-social behaviour.

• (7) 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.

• (8) A person is eligible to be the responsible officer in relation to a parenting order under this section only if he is—

• (a) an officer of the local authority which applied for the order, or

• (b) a person nominated by that authority or by a person or body requested by the authority to make a nomination.

A person may not be nominated under paragraph (b) without his consent.

26B

• (1) A relevant housing provider may apply for a parenting order in respect of a parent of a child or young person if—

• (a) the relevant housing provider has reason to believe that the child or young person has engaged in anti-social behaviour, and

• (b) the behaviour in question directly or indirectly relates to or affects the housing management functions of the relevant housing provider .

An application for such an order may be made to a magistrates' court or, where section 26C so allows, to the county court .

• (2) 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 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 anti-social behaviour.

• (3) 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 (4), 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.

• (4) A parenting order under this section may, but need not, include a requirement mentioned in subsection (3)(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.

• (5) A counselling or guidance programme which a parent is required to attend by virtue of subsection (3)(b) may be or include a residential course but only if the court is satisfied that the following two conditions are fulfilled.

• (6) 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 anti-social behaviour.

• (7) 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.

• (8) A relevant housing provider must not make an application under this section without first consulting the local authority (or, if subsection (8A) applies, each local authority) in whose area the child or young person in question resides or appears to reside.

• (8A) This subsection applies if the place where the child or young person resides or appears to reside is within the area of a county council and within the area of a district council.

• (9) A person is eligible to be the responsible officer in relation to a parenting order under this section only if he is—

• (a) an officer of the relevant housing provider which applied for the order, or

• (b) a person nominated by that relevant housing provider .

A person may not be nominated under paragraph (b) without his consent.

• (10) In deciding whom to nominate under subsection (9)(b) a relevant housing provider must take into account the views of—

• (a) the local authority (or authorities) mentioned in subsection (8), and

• (b) such other persons or bodies as the relevant housing provider thinks appropriate.

26C

• (1) Where a local authority or relevant housing provider (a “relevant authority”)—

• (a) is a party to proceedings in the county court , and

• (b) considers that a party to those proceedings is a person in relation to whom it would be reasonable for it to make an application for a parenting order under section 26A or 26B (a “parenting order application”),

it may make such an application to that court in relation to that person.

• (2) Where—

• (a) a relevant authority considers that a party to proceedings in the county court is a person in relation to whom it would be reasonable for it to make a parenting order application, but

• (b) the relevant authority is not a party to those proceedings,

it may apply to be joined to those proceedings to enable it to make a parenting order application.

• (3) Where—

• (a) there are proceedings in the county court to which a relevant authority is a party, and

• (b) the relevant authority considers that a child or young person has engaged in anti-social behaviour that is material in relation to the proceedings,

the relevant authority may apply for a person who is a parent of the child or young person to be joined to the proceedings to enable it to make a parenting order application in relation to him.

• (4) A person must not be joined to proceedings in pursuance of subsection (3) unless the anti-social behaviour in question is material in relation to those proceedings.

Contracting out of local authority functions

28A

• (1) An order made by—

• (a) the Secretary of State as regards local authorities in England, or

• (b) the National Assembly for Wales as regards local authorities in Wales,

may provide that a local authority may make arrangements with a person who is specified in the order, or is of a description so specified, for the exercise of any function it has under or by virtue of section 25A or 26A.

• (2) The order may provide—

• (a) that the power of the local authority to make the arrangements is subject to such conditions as are specified in the order;

• (b) that the arrangements must be subject to such conditions as are so specified;

• (c) that the arrangements may be made subject to such other conditions as the local authority thinks appropriate.

• (3) The order may provide that the arrangements may authorise the exercise of the function—

• (a) either wholly or to such extent as may be specified in the order or arrangements;

• (b) either generally or in such cases or areas as may be so specified.

• (4) An order under this section may provide that the person with whom arrangements are made in pursuance of the order is to be treated as if he were a public body for the purposes of section 1 of the Local Authorities (Goods and Services) Act 1970.

• (5) The Secretary of State or (as the case may be) the National Assembly for Wales must not make an order under this section without first consulting—

• (a) such representatives of local government as appear to be appropriate;

• (b) such other persons as appear to be appropriate.

• (6) Any arrangements made by a local authority in pursuance of an order under this section do not prevent the local authority from exercising the function to which the arrangements relate.

• (7) The following provisions of the Deregulation and Contracting Out Act 1994 apply for the purposes of arrangements made in pursuance of an order under this section as they apply for the purposes of an authorisation to exercise functions by virtue of an order under section 70(2) of that Act—

• (a) section 72 (effect of contracting out);

• (b) section 73 (termination of contracting out);

• (c) section 75 and Schedule 15 (provision relating to disclosure of information);

• (d) paragraph 3 of Schedule 16 (authorised persons to be treated as officers of local authority).

• (8) For the purposes of subsection (7), any reference in the provisions specified in paragraphs (a) to (d) to a person authorised to exercise a function is to be construed as a reference to a person with whom an arrangement is made for the exercise of the function in pursuance of an order under this section.

• (9) Local authorities in England and any person with whom they make arrangements in pursuance of an order under this section must have regard to any guidance issued by the Secretary of State for the purposes of this section.

• (10) Local authorities in Wales and any person with whom they make arrangements in pursuance of an order under this section must have regard to any guidance issued by the National Assembly for Wales for the purposes of this section.

Contracting out of local authority functions

Parenting orders: appeals

Penalty notices: power to require name and address

Raves

Extension of litter authority powers to take remedial action

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

22A

• (1) The appropriate person may by regulations make further provision about the exercise by local authorities and the governing bodies of relevant schools of their functions relating to—

• (a) parenting contracts under section 19, and

• (b) parenting orders under section 20.

• (2) The provision that may be made under subsection (1) includes—

• (a) provision limiting the power of a local authority to enter into a parenting contract, or apply for a parenting order, in prescribed cases where—

• (i) the school by reference to which the contract is entered into or the application is made is not in the area of the authority, or

• (ii) the child by reference to whom the contract is entered into or the application is made does not reside in that area;

• (b) provision as to which governing body may apply for a parenting order in cases where a pupil has been admitted to a relevant school after being permanently excluded from another;

• (c) provision requiring one local authority or governing body to consult with another before taking any prescribed step;

• (d) provision authorising or requiring the provision of information by one local authority or governing body to another;

• (e) provision as to how the costs associated with parenting contracts entered into by local authorities or governing bodies of relevant schools or the costs associated with the requirements of parenting orders under section 20 (including in each case the costs of providing counselling or guidance programmes) are to be met.

• (3) In subsection (2), “prescribed” means prescribed by regulations made by the appropriate person under subsection (1).

Prohibition of certain air weapons

Enforcement of section 54

Sale of aerosol paint to children

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

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

Certain orders made on conviction of offences

Penalty notices for disorderly behaviour by young persons

Curfew orders and supervision orders

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

Repeals

Power to remove trespassers: alternative site available

Failure to comply with direction: seizure

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

Determination or withdrawal of appeals

Penalty notices for disorderly behaviour by young persons

Extension of powers of community support officers etc.

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

Commencement

Closure order

Part 1A — Premises associated with persistent disorder or nuisance

11A

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11B

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11C

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11D

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11E

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11F

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11G

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11H

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11I

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11J

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11K

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11L

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Interpretation

Proceedings for possession: anti-social behaviour

Amount of penalty

Penalty notices for graffiti and fly-posting

Closure of noisy premises

Code of practice

Interpretation

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

Air weapons: age limits

Prohibition of certain air weapons

Interpretation etc

Penalty notices for disorderly behaviour by young persons

Demoted assured shorthold tenancies

Parenting orders: appeals

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

Air weapons: age limits

Prohibition of certain air weapons

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

Interpretation

Parenting contracts in respect of anti-social behaviour: local authorities

Prohibition of certain air weapons

Closure of noisy premises: supplemental

Meaning of relevant offence