Anti-social Behaviour, Crime and Policing Act 2014

• (b) a person other than that provider makes an application under this section for the discharge of the order,

the justice may issue a summons directed to that provider requiring it to appear before the magistrates’ court to respond to the application.

• (6B) If a summons is issued under subsection (6A), a notice stating the date, time and place of the hearing of the application must be served on—

• (a) the provider mentioned in that subsection;

• (b) the persons mentioned in subsection (2)(c) and (d) (other than the complainant).

• (7) The magistrates' court may not make an order discharging the closure order unless satisfied that the closure order is no longer necessary to prevent the occurrence, recurrence or continuance of—

• (a) disorderly, offensive or criminal behaviour on the premises,

• (b) serious nuisance to members of the public resulting from the use of the premises, or

• (c) disorder near the premises associated with the use of the premises.

Power of Secretary of State to change maximum duration of closure orders

83A

• (1) The Secretary of State may by regulations amend this Chapter so as to alter—

• (a) the maximum period that a closure order under section 80 may specify as the period for which access to the premises is prohibited;

• (b) the maximum period for which a closure order may be extended under section 82;

• (c) the maximum duration of a closure order extended under section 82.

• (2) Regulations under this section may make different provision for different purposes.

• (3) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

Appeals

Appeals

84

• (1) An appeal against a decision to make or extend a closure order may be made by—

• (a) a person on whom the closure notice was served under section 79;

• (b) anyone else who has an interest in the premises but on whom the closure notice was not served.

• (2) A constable may appeal against—

• (a) a decision not to make a closure order applied for by a constable;

• (b) a decision not to extend a closure order made on the application of a constable;

• (c) a decision (under section 81) not to order the continuation in force of a closure notice issued by a constable.

• (3) A local authority may appeal against—

• (a) a decision not to make a closure order applied for by that authority;

• (b) a decision not to extend a closure order made on the application of that authority;

• (c) a decision (under section 81) not to order the continuation in force of a closure notice issued by that authority.

• (3A) An RSH provider may appeal against—

• (a) a decision not to make a closure order applied for by that provider;

• (b) a decision not to extend a closure order made on the application of that provider;

• (c) a decision (under section 81) not to order the continuation in force of a closure notice issued by that provider.

• (4) An appeal under this section is to the Crown Court.

• (5) An appeal under this section must be made within the period of 21 days beginning with the date of the decision to which it relates.

• (6) On an appeal under this section the Crown Court may make whatever order it thinks appropriate.

• (7) The Crown Court must notify the relevant licensing authority if it makes a closure order in relation to premises in respect of which a premises licence is in force.

Enforcement

Enforcement of closure orders

85

• (1) An authorised person may—

• (a) enter premises in respect of which a closure order is in force;

• (b) do anything necessary to secure the premises against entry.

• (2) In this section “authorised person”—

• (a) in relation to a closure order made on the application of a constable, means a constable or a person authorised by the chief officer of police for the area in which the premises are situated;

• (b) in relation to a closure order made on the application of a local authority, means a person authorised by that authority ;

• (c) in relation to a closure order made on the application of an RSH provider, means a person authorised by that provider.

• (3) A person acting under subsection (1) may use reasonable force.

• (4) A person seeking to enter premises under subsection (1) must, if required to do so by or on behalf of the owner, occupier or other person in charge of the premises, produce evidence of his or her identity and authority before entering the premises.

• (5) An authorised person may also enter premises in respect of which a closure order is in force to carry out essential maintenance or repairs to the premises.

Offences

86

• (1) A person who without reasonable excuse remains on or enters premises in contravention of a closure notice (including a notice continued in force under section 81) commits an offence.

• (2) A person who without reasonable excuse remains on or enters premises in contravention of a closure order commits an offence.

• (3) A person who without reasonable excuse obstructs a person acting under section 79 or 85(1) commits an offence.

• (4) A person guilty of an offence under subsection (1) or (3) is liable on summary conviction—

• (a) to imprisonment for a period not exceeding 3 months, or

• (b) to a fine,

or to both.

• (5) A person guilty of an offence under subsection (2) is liable on summary conviction—

• (a) to imprisonment for a period not exceeding 51 weeks, or

• (b) to a fine,

or to both.

• (6) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (5)(a) to 51 weeks is to be read as a reference to 6 months.

Supplemental

Access to other premises

87

• (1) Where—

• (a) access to premises is prohibited or restricted by, or as a result of, an order under section 80, 81, 82 or 84,

• (b) those premises are part of a building or structure, and

• (c) there is another part of that building or structure that is not subject to the prohibition or restriction,

an occupier or owner of that other part may apply to the appropriate court for an order under this section.

• (2) The appropriate court is—

• (a) the magistrates' court, in the case of an order under section 80, 81 or 82;

• (b) the Crown Court, in the case of an order under section 84.

• (3) Notice of an application under this section must be given to—

• (a) whatever constable the court thinks appropriate;

• (b) the local authority;

• (ba) the RSH provider, in a case where that RSH provider owns or manages the premises;

• (c) a person on whom the closure notice was served under section 79;

• (d) anyone else who has an interest in the premises but on whom the closure notice was not served.

• (4) On an application under this section the court may make whatever order it thinks appropriate in relation to access to any part of the building or structure mentioned in subsection (1).

It does not matter whether provision has been made under section 80(8)(b).

Reimbursement of costs

88

• (1) A local policing body , a local authority or an RSH provider that incurs expenditure for the purpose of clearing, securing or maintaining premises in respect of which a closure order is in force may apply to the court that made the order for an order under this section.

• (2) On an application under this section the court may make whatever order it thinks appropriate for the reimbursement (in full or in part) by the owner or occupier of the premises of the expenditure mentioned in subsection (1).

• (3) An application for an order under this section may not be heard unless it is made before the end of the period of 3 months starting with the day on which the closure order ceases to have effect.

• (4) An order under this section may be made only against a person who has been served with the application for the order.

• (5) An application under this section must also be served on—

• (a) the local policing body for the area in which the premises are situated, if the application is made by a local authority or an RSH provider;

• (b) the local authority, if the application is made by a local policing body or an RSH provider.

• (6) Where a local authority or a local policing body makes an application under this section in respect of premises owned or managed by an RSH provider, the application must also be served on the RSH provider.

Exemption from liability

89

• (1) A police officer, or the chief officer of police under whose direction or control he or she acts, is not liable for damages in proceedings for—

• (a) judicial review, or

• (b) the tort of negligence or misfeasance in public office,

arising out of anything done or omitted to be done by the police officer in the exercise or purported exercise of a power under this Chapter.

• (2) A local authority is not liable for damages in proceedings for—

• (a) judicial review, or

• (b) the tort of negligence or misfeasance in public office,

arising out of anything done or omitted to be done by the authority in the exercise or purported exercise of a power under this Chapter.

• (2A) An RSH provider is not liable for damages in proceedings for—

• (a) judicial review, or

• (b) the tort of negligence,

arising out of anything done or omitted to be done by the provider in the exercise or purported exercise of a power under this Chapter.

• (3) Subsections (1) to (2A) do not apply to an act or omission shown to have been in bad faith.

• (4) Subsections (1) to (2A) do not apply so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998.

• (5) This section does not affect any other exemption from liability (whether at common law or otherwise).

Compensation

90

• (1) A person who claims to have incurred financial loss in consequence of a closure notice or a closure order may apply to the appropriate court for compensation.

• (2) The appropriate court is—

• (a) the magistrates' court that considered the application for a closure order (except where paragraph (b) applies);

• (b) the Crown Court, in the case of a closure order that was made or extended by an order of that Court on an appeal under section 84.

• (3) An application under this section may not be heard unless it is made before the end of the period of 3 months starting with whichever of the following is applicable—

• (a) the day on which the closure notice was cancelled under section 78;

• (b) the day on which a closure order was refused;

• (c) the day on which the closure order ceased to have effect.

• (4) For the purposes of subsection (3)(b) the day on which a closure order was refused is—

• (a) the day on which the magistrates' court decided not to make a closure order (except where paragraph (b) applies);

• (b) the day on which the Crown Court dismissed an appeal against a decision not to make a closure order.

• (5) On an application under this section the court may order the payment of compensation out of central funds if it is satisfied—

• (a) that the applicant is not associated with the use of the premises, or the behaviour on the premises, on the basis of which the closure notice was issued or the closure order made,

• (b) if the applicant is the owner or occupier of the premises, that the applicant took reasonable steps to prevent that use or behaviour,

• (c) that the applicant has incurred financial loss in consequence of the notice or order, and

• (d) that having regard to all the circumstances it is appropriate to order payment of compensation in respect of that loss.

• (6) In this section “central funds” has the same meaning as in enactments providing for the payment of costs.

Guidance

91

• (1) The Secretary of State may issue—

• (a) guidance to chief officers of police about the exercise, by officers under their direction or control, of those officers' functions under this Chapter;

• (b) guidance to local authorities and RSH providers about the exercise of their functions under this Chapter and those of their representatives (within the meaning of section 79).

• (2) The Secretary of State may revise any guidance issued under this section.

• (3) The Secretary of State must arrange for any guidance issued or revised under this section to be published.

Interpretation of Chapter 3

92

• (1) In this Chapter—

• “cancellation notice” has the meaning given by section 78(2);

• “criminal behaviour” means behaviour that constitutes a criminal offence;

• “extension notice” has the meaning given by section 77(5);

• “local authority” means—in relation to England, a district council, a county council for an area for which there is no district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;in relation to Wales, a county council or a county borough council;

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

• “owner”, in relation to premises, means—a person (other than a mortgagee not in possession) entitled to dispose of the fee simple of the premises, whether in possession or in reversion;a person who holds or is entitled to the rents and profits of the premises under a lease that (when granted) was for a term of not less then 3 years;

• “premises” includes—any land or other place (whether enclosed or not);any outbuildings that are, or are used as, part of premises;

• “premises licence” has the meaning given by section 11 of the Licensing Act 2003;

• “registered social housing provider” (or “RSH provider”) means—in relation to England, a registered provider of social housing;in relation to Wales, a Welsh body registered as a social landlord under section 3 of the Housing Act 1996;

• “relevant licensing authority” has the meaning given by section 12 of that Act;

• “variation notice” has the meaning given by section 78(3).

• (2) A reference in this Chapter to “the local authority”, in relation to any premises or a notice or order relating to any premises, is a reference to the local authority (or, as the case may be, any of the local authorities) within whose area the premises are situated.

• (3) A reference in this Chapter to “the premises”, in relation to a closure notice or a closure order, is a reference to the premises to which the notice or order relates.

• (4) For the purposes of this Chapter, an RSH provider owns premises if—

• (a) the provider is a person (other than a mortgagee not in possession) entitled to dispose of the fee simple in the premises, whether in possession or in reversion, or

• (b) the provider is a person who holds or is entitled to the rents and profits of the premises under a lease that (when granted) was for a term of at least 3 years.

Saving and transitional provision

93

• (1) The repeal or amendment by this Act of provisions about any of the notices specified in subsection (2) or orders specified in subsection (3) does not apply in relation to—

• (a) any such notice issued or order made before the commencement day;

• (b) anything done in connection with any such notice or order.

• (2) The notices are—

• (a) a notice issued under section 1 of the Anti-social Behaviour Act 2003;

• (b) a notice issued under section 11A of that Act.

• (3) The orders are—

• (a) an order made under section 2 of the Anti-social Behaviour Act 2003;

• (b) an order made under section 11B of that Act;

• (c) an order made under section 40 of that Act;

• (d) an order made under section 161 of the Licensing Act 2003;

• (e) an order made under section 165(2)(b), (c) or (d) of that Act.

• (4) A person deciding whether to issue a closure notice may take into account things that—

• (a) happened before the commencement day, and

• (b) would have given rise to the power to issue one of the notices specified in subsection (2) or to make an order specified in subsection (3)(c) or (d).

• (5) A court deciding whether to make a closure order may take into account things that—

• (a) happened before the commencement day, and

• (b) would have given rise to the power to make an order specified in subsection (3)(a), (b) or (e).

• (6) Subsections (4) and (5) apply only during the period of 3 months beginning with the commencement day.

• (7) In this section “commencement day” means the day on which this Chapter comes into force.

PART 5 — Recovery of possession of dwelling-houses: anti-social behaviour grounds

Absolute ground for possession: secure tenancies

New ground for serious offences or breach of prohibitions etc

94

• (1) After section 84 of the Housing Act 1985 (secure tenancies: grounds and orders for possession) there is inserted—

(84A) (1) If the court is satisfied that any of the following conditions is met, it must make an order for the possession of a dwelling-house let under a secure tenancy. This is subject to subsection (2) (and to any available defence based on the tenant's Convention rights, within the meaning of the Human Rights Act 1998). (2) Subsection (1) applies only where the landlord has complied with any obligations it has under section 85ZA (review of decision to seek possession). (3) Condition 1 is that— (a) the tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious offence, and (b) the serious offence— (i) was committed (wholly or partly) in, or in the locality of, the dwelling-house, (ii) was committed elsewhere against a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or (iii) was committed elsewhere against the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and directly or indirectly related to or affected those functions. (4) Condition 2 is that a court has found in relevant proceedings that the tenant, or a person residing in or visiting the dwelling-house, has breached a provision of an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, other than a provision requiring a person to participate in a particular activity, and— (a) the breach occurred in, or in the locality of, the dwelling-house, or (b) the breach occurred elsewhere and the provision breached was a provision intended to prevent— (i) conduct that is capable of causing nuisance or annoyance to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or (ii) conduct that is capable of causing nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions. (5) Condition 3 is that the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under section 30 of the Anti-social Behaviour, Crime and Policing Act 2014 consisting of a breach of a provision of a criminal behaviour order prohibiting a person from doing anything described in the order, and the offence involved— (a) a breach that occurred in, or in the locality of, the dwelling-house, or (b) a breach that occurred elsewhere of a provision intended to prevent— (i) behaviour that causes or is likely to cause harassment, alarm or distress to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or (ii) behaviour that causes or is likely to cause harassment, alarm or distress to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions. (6) Condition 4 is that— (a) the dwelling-house is or has been subject to a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, and (b) access to the dwelling-house has been prohibited (under the closure order or under a closure notice issued under section 76 of that Act) for a continuous period of more than 48 hours. (7) Condition 5 is that— (a) the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under— (i) section 80(4) of the Environmental Protection Act 1990 (breach of abatement notice in relation to statutory nuisance), or (ii) section 82(8) of that Act (breach of court order to abate statutory nuisance etc.), and (b) the nuisance concerned was noise emitted from the dwelling-house which was a statutory nuisance for the purposes of Part 3 of that Act by virtue of section 79(1)(g) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance). (8) Condition 1, 2, 3, 4 or 5 is not met if— (a) there is an appeal against the conviction, finding or order concerned which has not been finally determined, abandoned or withdrawn, or (b) the final determination of the appeal results in the conviction, finding or order being overturned. (9) In this section— - “relevant proceedings” means proceedings for contempt of court or proceedings under Schedule 2 to the Anti-social Behaviour, Crime and Policing Act 2014; - “serious offence” means an offence which— 1. was committed on or after the day on which subsection (3) comes into force, 2. is specified, or falls within a description specified, in Schedule 2A at the time the offence was committed and at the time the court is considering the matter, and 3. is not an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either-way offences where value involved is small). (10) The Secretary of State may by order amend Schedule 2A as it applies in relation to dwelling-houses in England by— (a) adding an indictable offence; (b) removing an offence. (11) The Welsh Ministers may by order amend Schedule 2A as it applies in relation to dwelling-houses in Wales by— (a) adding an indictable offence; (b) removing an offence. (12) An order under subsection (10) or (11)— (a) is to be made by statutory instrument; (b) may make different provision for different purposes; (c) may include incidental, supplementary, consequential, transitional or saving provision. (13) A statutory instrument containing an order under subsection (10) or (11) may not be made unless a draft of the instrument has been laid before and approved by a resolution of— (a) each House of Parliament (in the case of an order of the Secretary of State), or (b) the National Assembly for Wales (in the case of an order of the Welsh Ministers).

• (2) After Schedule 2 to that Act there is inserted the Schedule set out in Schedule 3 to this Act.

Notice requirements for new ground

95

After section 83 of the Housing Act 1985 (proceedings for possession or termination: notice requirements) there is inserted—

(83ZA) (1) This section applies in relation to proceedings for possession of a dwelling-house under section 84A (absolute ground for possession for anti-social behaviour), including proceedings where possession is also sought on one or more of the grounds set out in Schedule 2. (2) The court must not entertain the proceedings unless the landlord has served on the tenant a notice under this section. (3) The notice must— (a) state that the court will be asked to make an order under section 84A for the possession of the dwelling-house, (b) set out the reasons for the landlord's decision to apply for the order (including the condition or conditions in section 84A on which the landlord proposes to rely), and (c) inform the tenant of any right that the tenant may have under section 85ZA to request a review of the landlord's decision and of the time within which the request must be made. (4) In a case where possession is also sought on one or more of the grounds set out in Schedule 2, the notice must also— (a) specify the ground on which the court will be asked to make the order, and (b) give particulars of that ground. (5) A notice which states that the landlord proposes to rely upon condition 1, 3 or 5 in section 84A— (a) must also state the conviction on which the landlord proposes to rely, and (b) must be served on the tenant within— (i) the period of 12 months beginning with the day of the conviction, or (ii) if there is an appeal against the conviction, the period of 12 months beginning with the day on which the appeal is finally determined or abandoned. (6) A notice which states that the landlord proposes to rely upon condition 2 in section 84A— (a) must also state the finding on which the landlord proposes to rely, and (b) must be served on the tenant within— (i) the period of 12 months beginning with the day on which the court has made the finding, or (ii) if there is an appeal against the finding, the period of 12 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn. (7) A notice which states that the landlord proposes to rely upon condition 4 in section 84A— (a) must also state the closure order concerned, and (b) must be served on the tenant within— (i) the period of 3 months beginning with the day on which the closure order was made, or (ii) if there is an appeal against the making of the order, the period of 3 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn. (8) A notice under this section must also inform the tenant that, if the tenant needs help or advice about the notice and what to do about it, the tenant should take it immediately to a Citizens' Advice Bureau, a housing aid centre, a law centre or a solicitor. (9) The notice— (a) must also specify the date after which proceedings for the possession of the dwelling-house may be begun, and (b) ceases to be in force 12 months after the date so specified. (10) The date specified in accordance with subsection (9)(a) must not be earlier than— (a) in the case of a periodic tenancy, the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same day as the notice under this section; (b) in the case of a secure tenancy for a term certain, one month after the date of the service of the notice. (11) Where a notice under this section is served with respect to a secure tenancy for a term certain, it has effect also with respect to any periodic tenancy arising on the termination of that tenancy by virtue of section 86; and subsection (10)(a) does not apply to the notice.

Review requirements for new ground

96

After section 85 of the Housing Act 1985 (extended discretion of court in certain proceedings for possession) there is inserted—

(85ZA) (1) A tenant may request a review of a landlord's decision to seek an order for possession of a dwelling-house under section 84A if the interest of the landlord belongs to— (a) a local housing authority, or (b) a housing action trust. (2) Such a request must be made in writing before the end of the period of 7 days beginning with the day on which the notice under section 83ZA is served. (3) On a request being duly made to it, the landlord must review its decision. (4) The landlord must notify the tenant in writing of the decision on the review. (5) If the decision is to confirm the original decision, the landlord must also notify the tenant of the reasons for the decision. (6) The review must be carried out, and the tenant notified, before the day specified in the notice under section 83ZA as the day after which proceedings for the possession of the dwelling-house may be begun. (7) The Secretary of State may by regulations make provision about the procedure to be followed in connection with a review under this section that relates to an order for possession of a dwelling-house in England. (8) The Welsh Ministers may by regulations make provision about the procedure to be followed in connection with a review under this section that relates to an order for possession of a dwelling-house in Wales. (9) Regulations under subsections (7) and (8) may, in particular, make provision— (a) requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision, and (b) as to the circumstances in which the person concerned is entitled to an oral hearing, and whether and by whom the person may be represented at such a hearing. (10) Regulations under this section— (a) may contain transitional or saving provision; (b) are to be made by statutory instrument which— (i) in the case of regulations made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament; (ii) in the case of regulations made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Absolute ground for possession: assured tenancies

Corresponding new ground and notice requirements for assured tenancies

97

• (1) In Part 1 of Schedule 2 to the Housing Act 1988 (assured tenancies: grounds on which court must order possession), after ground 7 there is inserted—

Ground 7A Any of the following conditions is met. Condition 1 is that— (a) the tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious offence, and (b) the serious offence— (i) was committed (wholly or partly) in, or in the locality of, the dwelling-house, (ii) was committed elsewhere against a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or (iii) was committed elsewhere against the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and directly or indirectly related to or affected those functions. Condition 2 is that a court has found in relevant proceedings that the tenant, or a person residing in or visiting the dwelling-house, has breached a provision of an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, other than a provision requiring a person to participate in a particular activity, and— (a) the breach occurred in, or in the locality of, the dwelling-house, or (b) the breach occurred elsewhere and the provision breached was a provision intended to prevent— (i) conduct that is capable of causing nuisance or annoyance to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or (ii) conduct that is capable of causing nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions. Condition 3 is that the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under section 30 of the Anti-social Behaviour, Crime and Policing Act 2014 consisting of a breach of a provision of a criminal behaviour order prohibiting a person from doing anything described in the order, and the offence involved— (a) a breach that occurred in, or in the locality of, the dwelling-house, or (b) a breach that occurred elsewhere of a provision intended to prevent— (i) behaviour that causes or is likely to cause harassment, alarm or distress to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or (ii) behaviour that causes or is likely to cause harassment, alarm or distress to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions. Condition 4 is that— (a) the dwelling-house is or has been subject to a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, and (b) access to the dwelling-house has been prohibited (under the closure order or under a closure notice issued under section 76 of that Act) for a continuous period of more than 48 hours. Condition 5 is that— (a) the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under— (i) section 80(4) of the Environmental Protection Act 1990 (breach of abatement notice in relation to statutory nuisance), or (ii) section 82(8) of that Act (breach of court order to abate statutory nuisance etc.), and (b) the nuisance concerned was noise emitted from the dwelling-house which was a statutory nuisance for the purposes of Part 3 of that Act by virtue of section 79(1)(g) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance). Condition 1, 2, 3, 4 or 5 is not met if— (a) there is an appeal against the conviction, finding or order concerned which has not been finally determined, abandoned or withdrawn, or (b) the final determination of the appeal results in the conviction, finding or order being overturned. In this ground— - “relevant proceedings” means proceedings for contempt of court or proceedings under Schedule 2 to the Anti-social Behaviour, Crime and Policing Act 2014; - “serious offence” means an offence which— 1. was committed on or after the day on which this ground comes into force, 2. is specified, or falls within a description specified, in Schedule 2A to the Housing Act 1985 at the time the offence was committed and at the time the court is considering the matter, and 3. is not an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either-way offences where value involved is small).

• (2) In section 8 of that Act (notice of proceedings for possession)—

• (a) in subsection (3)(b), for “subsections (4)” there is substituted “ subsections (3A) ”;

• (b) after subsection (3) there is inserted—

(3A) If a notice under this section specifies in accordance with subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether with or without other grounds), the date specified in the notice as mentioned in subsection (3)(b) is not to be earlier than— (a) in the case of a periodic tenancy, the earliest date on which, apart from section 5(1), the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section; (b) in the case of a fixed term tenancy, one month after the date on which the notice was served.

• (c) in subsection (4), for “(whether with or without other grounds)” there is substituted “ (whether without other grounds or with any ground other than Ground 7A) ”;

• (d) in subsection (4A), after “other than Ground” there is inserted “ 7A or ”;

• (e) after subsection (4B) there is inserted—

(4C) A notice under this section that specifies in accordance with subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether with or without other grounds) must be served on the tenant within the time period specified in subsection (4D), (4E) or (4F). (4D) Where the landlord proposes to rely on condition 1, 3 or 5 in Ground 7A, the notice must be served on the tenant within— (a) the period of 12 months beginning with the day of the conviction, or (b) if there is an appeal against the conviction, the period of 12 months beginning with the day on which the appeal is finally determined or abandoned. (4E) Where the landlord proposes to rely on condition 2 in Ground 7A, the notice must be served on the tenant within— (a) the period of 12 months beginning with the day on which the court has made the finding, or (b) if there is an appeal against the finding, the period of 12 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn. (4F) Where the landlord proposes to rely on condition 4 in Ground 7A, the notice must be served on the tenant within— (a) the period of 3 months beginning with the day on which the closure order was made, or (b) if there is an appeal against the making of the order, the period of 3 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.

• (f) in subsection (5), after “Ground” there is inserted “ 7A or ”.

Discretionary grounds: secure and assured tenancies

Conduct causing nuisance to landlord etc

98

• (1) In Part 1 of Schedule 2 to the Housing Act 1985 (grounds on which court may order possession in relation to secure tenancies if it considers it reasonable), in Ground 2, at the end of paragraph (a) (but before the “or”) there is inserted—

(aa) has been guilty of conduct causing or likely to cause a nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions,

• (2) In Part 2 of Schedule 2 to the Housing Act 1988 (grounds on which court may order possession in relation to assured tenancies if it considers it reasonable), in Ground 14, at the end of paragraph (a) (but before the “or”) there is inserted—

(aa) has been guilty of conduct causing or likely to cause a nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions,

Offences connected with riot

99

• (1) In Part 1 of Schedule 2 to the Housing Act 1985 (grounds on which court may order possession in relation to secure tenancies if it considers it reasonable), after Ground 2 there is inserted—

Ground 2ZA The tenant or an adult residing in the dwelling-house has been convicted of an indictable offence which took place during, and at the scene of, a riot in the United Kingdom. In this Ground— - “adult” means a person aged 18 or over; - “indictable offence” does not include an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either way offences where value involved is small); - “riot” is to be construed in accordance with section 1 of the Public Order Act 1986. This Ground applies only in relation to dwelling-houses in England.

• (2) In Part 2 of Schedule 2 to the Housing Act 1988 (grounds on which court may order possession in relation to assured tenancies if it considers it reasonable), after Ground 14 there is inserted—

Ground 14ZA The tenant or an adult residing in the dwelling-house has been convicted of an indictable offence which took place during, and at the scene of, a riot in the United Kingdom. In this Ground— - “adult” means a person aged 18 or over; - “indictable offence” does not include an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either way offences where value involved is small); - “riot” is to be construed in accordance with section 1 of the Public Order Act 1986. This Ground applies only in relation to dwelling-houses in England.

Supplemental

Restrictions where new possession proceedings in progress etc

100

• (1) In section 138 of the Housing Act 1985 (right to buy: suspension of duty of landlord to convey freehold or grant lease)—

• (a) in subsection (2A)(a), for “or Ground 2 possession order” there is substituted “ , Ground 2 or 2ZA possession order or section 84A possession order ”;

• (b) in subsection (2B)(a), for “or an operative Ground 2 possession order” there is substituted “ , an operative Ground 2 or 2ZA possession order or an operative section 84A possession order ”;

• (c) in subsection (2C), for the definition of “Ground 2 possession order” there is substituted—

“Ground 2 or 2ZA possession order” means an order for possession under Ground 2 or Ground 2ZA in Schedule 2;

• (d) for the definition of “operative Ground 2 possession order” there is substituted—

• (e) after that definition there is inserted—

• “operative section 84A possession order” means an order under section 84A which requires possession of the dwelling-house to be given up on a date specified in the order;
• “section 84A possession order” means an order for possession under section 84A;

• (2) In Schedule 3 to that Act (grounds for withholding consent to assignment of secure tenancy by way of exchange), after Ground 2 there is inserted—

Ground 2ZA Proceedings have been begun for possession of the dwelling-house, of which the tenant or the proposed assignee is the secure tenant, under section 84A (absolute ground for possession for anti-social behaviour), or there has been served on the tenant or the proposed assignee a notice under section 83ZA (notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour) which is still in force.

• (3) In Schedule 14 to the Localism Act 2011 (grounds on which landlord may refuse to surrender and grant tenancies in pursuance of a request under section 158 of that Act)—

• (a) after Ground 4 there is inserted—

(4A) (1) This ground is that either of the following conditions is met. (2) The first condition is that— (a) proceedings have begun for possession of a dwelling-house let on an existing tenancy which is a secure tenancy, and (b) possession is sought under section 84A of the Housing Act 1985 (absolute ground for possession for anti-social behaviour). (3) The second condition is that— (a) a notice has been served on a relevant tenant under section 83ZA of that Act (notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour), and (b) the notice is still in force.

• (b) after Ground 5 there is inserted—

(5A) (1) This ground is that either of the following conditions is met. (2) The first condition is that— (a) proceedings have begun for possession of a dwelling-house let on an existing tenancy which is an assured tenancy, and (b) possession is sought on ground 7A in Part 1 of Schedule 2 to the Housing Act 1988 (absolute ground for possession for anti-social behaviour). (3) The second condition is that— (a) a notice has been served on a relevant tenant under section 8 of that Act (notice of proceedings for possession), and (b) the notice specifies ground 7A and is still in force.

PART 6 — Local involvement and accountability

Community remedies

The community remedy document

101

• (1) Each local policing body must prepare a community remedy document for its area, and may revise it at any time.

• (2) A community remedy document is a list of actions any of which might, in the opinion of the local policing body, be appropriate in a particular case to be carried out by a person who—

• (a) has engaged in anti-social behaviour or has committed an offence, and

• (b) is to be dealt with for that behaviour or offence without court proceedings.

• (3) For the purposes of subsection (2), an action is appropriate to be carried out by a person only if it has one or more of the following objects—

• (a) assisting in the person's rehabilitation;

• (b) ensuring that the person makes reparation for the behaviour or offence in question;

• (c) punishing the person.

• (4) In preparing or revising the community remedy document for its area a local policing body must—

• (a) have regard to the need to promote public confidence in the out-of-court disposal process;

• (b) have regard to any guidance issued by the Secretary of State about how local policing bodies are to discharge their functions under this section;

• (c) carry out the necessary consultation and take account of all views expressed by those consulted.

• (5) In subsection (4)(c) “the necessary consultation” means—

• (a) consultation with the chief officer of police for the area,

• (b) consultation with the local authority for any part of the area,

• (c) consultation with whatever community representatives the local policing body thinks it appropriate to consult, and

• (d) whatever other public consultation the local policing body thinks appropriate.

• (6) A local policing body must agree the community remedy document for its area, and any revised document, with the chief officer of police for the area.

• (7) Once the community remedy document, or a revised document, has been agreed with the chief officer of police, the local policing body must publish it in whatever way it thinks appropriate.

• (8) The Secretary of State must publish any guidance issued under subsection (4)(b).

• (9) In this section—

• “anti-social behaviour” means—conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, orhousing-related anti-social conduct as defined by section 2 (ignoring subsection (2) of that section);

• “community representative”, in relation to a police area, means any individual or body appearing to the local policing body to represent the views of people who live in, work in or visit the area;

• “local authority” means—in relation to England, a district council, a county council for an area for which there is no district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;in relation to Wales, a county council or a county borough council;

• ‘ “out-of-court disposal process” means the process by which a person is dealt with under section 102 or by means of a conditional caution or youth conditional caution.

Anti-social behaviour etc: out-of-court disposals

102

• (1) This section applies where—

• (a) a person (P) within subsection (2) has evidence that an individual (A) has engaged in anti-social behaviour or committed an offence,

• (b) A admits to P that he or she has done so,

• (c) P thinks that the evidence is enough for taking proceedings against A for a respect order under section A1 or an injunction under Part 1, or taking other court proceedings, but decides that it would be appropriate for A to carry out action of some sort instead, and

• (d) if the evidence is that A has committed an offence, P does not think that it would be more appropriate for A to be given a caution or a fixed penalty notice.

• (2) The persons within this subsection are—

• (a) a constable;

• (b) an investigating officer;

• (c) a person authorised by a relevant prosecutor for the purposes of section 22 of the Criminal Justice Act 2003 (conditional cautions) or section 66A of the Crime and Disorder Act 1998 (youth conditional cautions).

• (3) Before deciding what action to invite A to carry out, P must make reasonable efforts to obtain the views of the victim (if any) of the anti-social behaviour or the offence, and in particular the victim's views as to whether A should carry out any of the actions listed in the community remedy document.

• (4) If the victim expresses the view that A should carry out a particular action listed in the community remedy document, P must invite A to carry out that action unless it seems to P that it would be inappropriate to do so.

• (5) Where—

• (a) there is more than one victim and they express different views, or

• (b) for any other reason subsection (4) does not apply,

P must nevertheless take account of any views expressed by the victim (or victims) in deciding what action to invite A to carry out.

• (6) In this section—

• “action” includes the making of a payment to the victim (but does not include the payment of a fixed penalty);

• “anti-social behaviour” means—conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, orhousing-related anti-social conduct, as defined by section 2 (ignoring subsection (2) of that section);

• “community remedy document” means the community remedy document (as revised from time to time) published under section 101 for the police area in which A's anti-social behaviour or offence took place;

• “caution”—in the case of a person aged 18 or over, includes a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003;in the case of a person under that age, means a youth caution or youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998;

• “investigating officer” and “relevant prosecutor” have the same meaning as in Part 3 of the Criminal Justice Act 2003 (see section 27 of that Act);

• “victim” means the particular person who seems to P to have been affected, or principally affected, by A's anti-social behaviour or offence.

Criminal behaviour: conditional cautions

103

• (1) In Part 3 of the Criminal Justice Act 2003 (conditional cautions), after section 23 there is inserted—

(23ZA) (1) Before deciding what conditions to attach to a conditional caution, a relevant prosecutor or the authorised person must make reasonable efforts to obtain the views of the victim (if any) of the offence, and in particular the victim's views as to whether the offender should carry out any of the actions listed in the community remedy document. (2) If the victim expresses the view that the offender should carry out a particular action listed in the community remedy document, the prosecutor or authorised person must attach that as a condition unless it seems to the prosecutor or authorised person that it would be inappropriate to do so. (3) Where— (a) there is more than one victim and they express different views, or (b) for any other reason subsection (2) does not apply, the prosecutor or authorised person must nevertheless take account of any views expressed by the victim (or victims) in deciding what conditions to attach to the conditional caution. (4) In this section— - “community remedy document” means the community remedy document (as revised from time to time) published under section 101 of the Anti-social Behaviour, Crime and Policing Act 2014 for the police area in which the offence was committed; - “victim” means the particular person who seems to the relevant prosecutor or authorised person to have been affected, or principally affected, by the offence.

• (2) After section 66B of the Crime and Disorder Act 1998 (requirements for youth conditional cautions) there is inserted—

(66BA) (1) Before deciding what conditions to attach to a youth conditional caution, a relevant prosecutor or the authorised person must make reasonable efforts to obtain the views of the victim (if any) of the offence, and in particular the victim's views as to whether the offender should carry out any of the actions listed in the community remedy document. (2) If the victim expresses the view that the offender should carry out a particular action listed in the community remedy document, the prosecutor or authorised person must attach that as a condition unless it seems to the prosecutor or authorised person that it would be inappropriate to do so. (3) Where— (a) there is more than one victim and they express different views, or (b) for any other reason subsection (2) does not apply, the prosecutor or authorised person must nevertheless take account of any views expressed by the victim (or victims) in deciding what conditions to attach to the conditional caution. (4) In this section— - “community remedy document” means the community remedy document (as revised from time to time) published under section 101 of the Anti-social Behaviour, Crime and Policing Act 2014 for the police area in which the offence was committed; - “victim” means the particular person who seems to the relevant prosecutor or authorised person to have been affected, or principally affected, by the offence.

Response to complaints about anti-social behaviour

Review of response to complaints

104

• (1) In a case where a person has made a complaint about anti-social behaviour in a particular local government area, the relevant bodies in that area must carry out a review of the response to that behaviour (an “ASB case review)” if—

• (a) that person, or any other person, makes an application for such a review, and

• (b) the relevant bodies decide that the threshold for a review is met.

• (2) The relevant bodies in each local government area must—

• (a) make arrangements about the carrying out of ASB case reviews by those bodies (“review procedures”), and

• (b) ensure that the current review procedures are published.

• (3) The review procedures must include provision about the making of applications for ASB case reviews; and, in particular, must—

• (a) specify the point of contact for making applications, and

• (b) ensure that applications made to that point of contact are passed on to all the relevant bodies in the local government area.

• (4) In a situation where—

• (a) an application for an ASB case review is made, and

• (b) at least three (or, if a different number is specified in the review procedures, at least that number of) qualifying complaints have been made about the anti-social behaviour to which the application relates,

the relevant bodies must decide that the threshold for a review is met.

• (5) In any other situation where an application for an ASB case review is made, the question whether the threshold for a review is met must be decided by the relevant bodies in accordance with the review procedures; and the procedures may, in particular, include provision for this purpose which is framed by reference to any of these matters—

• (a) the persistence of the anti-social behaviour about which the original complaint was made;

• (b) the harm caused, or the potential for harm to be caused, by that behaviour;

• (c) the adequacy of the response to that behaviour.

• (6) After the relevant bodies have decided whether or not the threshold for a review is met, they must inform the applicant of their decision.

• (7) The relevant bodies who carry out an ASB case review may make recommendations to a person who exercises public functions (including recommendations to a relevant body) in respect of any matters arising from the review; and the person must have regard to the recommendations in exercising public functions.

• (8) The relevant bodies who carry out an ASB case review must inform the applicant of—

• (a) the outcome of the review, and

• (b) any recommendations made in accordance with subsection (7).

• (9) As soon as practicable after the end of a reporting period, the relevant bodies in a local government area must publish information about the following matters which relates to that period—

• (a) the number of applications for ASB case reviews made to those bodies;

• (b) the number of times those bodies decided that the threshold for a review was not met;

• (c) the number of ASB case reviews those bodies have carried out;

• (d) the number of ASB case reviews carried out by those bodies that have resulted in recommendations being made.

• (10) The question whether a complaint made about anti-social behaviour is a “qualifying complaint” for the purposes of subsection (4) is to be determined in accordance with subsections (11) and (12).

• (11) A complaint about anti-social behaviour is a qualifying complaint if—

• (a) the complaint is made within the period of one month (or, if a different period is specified in the review procedures, that period) beginning with the date on which the behaviour is alleged to have occurred; and

• (b) the application for the ASB case review is made within the period of six months (or, if a different period is specified in the review procedures, that period) beginning with the date on which the complaint is made.

• (12) But where a person makes two or more complaints about anti-social behaviour which meet the requirements in subsection (11), the question of which complaint is, or which complaints are, qualifying complaints is to be decided by the relevant bodies in accordance with the review procedures.

The procedures may, in particular, include provision for this purpose which is framed by reference to whether different complaints relate to different aspects of particular anti-social behaviour (including different incidents comprised in particular anti-social behaviour).

• (13) Schedule 4 (ASB case reviews: supplementary provision) has effect.

ASB case reviews: interpretation

105

• (1) This section applies for the purposes of section 104, this section and Schedule 4.

• (2) In relation to England—

• “local government area” means an area for which there is—a relevant district council, ora unitary authority;

• “relevant district council” means the council of a district so far as it is not a unitary authority;

• “unitary authority” means—the council of a county so far as it is the council for an area for which there are no district councils,the council of any district comprised in an area for which there is no county council,a London borough council,the Common Council of the City of London in its capacity as a local authority, orthe Council of the Isles of Scilly;

and, in relation to a local government area in England—

• “local provider of social housing” means a private registered provider of social housing that—grants tenancies of dwelling-houses in that area, ormanages any house or other property in that area;

• “relevant bodies” means—the relevant district council or the unitary authority,the chief officer of police for the police area which that local government area is within, each integrated care board established under section 14Z25 of the National Health Service Act 2006 whose area is wholly or partly within that local government area, and any local providers of social housing who are among the relevant bodies by virtue of the co-option arrangements made in relation to that local government area.

• (3) In relation to Wales—

• “local government area” means—a county, ora county borough;

and, in relation to a local government area in Wales—

• “local provider of social housing” means a body registered as a social landlord under section 3 of the Housing Act 1996 that—grants tenancies of dwelling-houses in that area, ormanages any house or other property in that area;

• “relevant bodies” means—the council for the area,the chief officer of police for the police area which that local government area is within,each Local Health Board whose area is wholly or partly within that local government area, andany local providers of social housing who are among the relevant bodies by virtue of the co-option arrangements made in relation to that local government area.

• (4) These expressions have the meanings given—

• “anti-social behaviour” means behaviour causing harassment, alarm or distress to members or any member of the public;

• “applicant” means a person who makes an application for an ASB case review;

• “ASB case review” has the meaning given in section 104(1);

• “dwelling-house” has the same meaning as in the Housing Act 1985;

• “co-option arrangements” has the meaning given in paragraph 5 of Schedule 4;

• “reporting period”, in relation to the publication of information by the relevant bodies in a local government area, means a period, not exceeding 12 months, determined by those bodies.

Information relating to anti-social behaviour

Provision of information to Secretary of State

105A

• (1) The Secretary of State may by regulations make provision requiring specified relevant authorities to provide to the Secretary of State specified information relating to anti-social behaviour.

• (2) The information that regulations may require a relevant authority to provide includes in particular information about—

• (a) reports of anti-social behaviour made to the authority,

• (b) responses of the authority to anti-social behaviour, and

• (c) ASB case reviews carried out by the relevant authority.

• (3) The regulations may require a relevant authority to—

• (a) collect or otherwise obtain information,

• (b) create information,

• (c) retain information, or

• (d) process information (including by collating or analysing it),

for the purpose of providing information under the regulations.

• (4) The regulations may make provision—

• (a) requiring information to be provided at specified intervals or on specified occasions;

• (b) about the form and manner in which information must be provided.

• (5) The regulations may make different provision for different purposes.

• (6) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

• (7) The requirement in subsection (6) may be satisfied by consultation carried out wholly or partly before this section comes into force.

• (8) In this section—

• “anti-social behaviour” includes—conduct that is anti-social behaviour for the purposes of any provision of this Act,unreasonable conduct that has or is likely to have a detrimental effect, of a persistent or continuing nature, on the quality of life of those in a locality, andthe use of premises that has resulted or is likely to result in nuisance to members of the public, or that has been or is likely to be associated with disorder near the premises;

• “ASB case review” has the same meaning as in section 104;

• “relevant authority” means—a person mentioned in section 5(1) (persons entitled to apply for injunctions under Part 1) other than the Secretary of State,an integrated care board established under section 14Z25 of the National Health Service Act 2006 for an area in England, ora Local Health Board for an area in Wales;

• “specified” means specified in the regulations.

PART 7 — Dangerous dogs

Keeping dogs under proper control

106

• (1) The Dangerous Dogs Act 1991 is amended as follows.

• (2) In section 3 (keeping dogs under proper control)—

• (a) in subsection (1)—

• (i) for “a public place” there is substituted “ any place in England or Wales (whether or not a public place) ”;

• (ii) after “injures any person” there is inserted “ or assistance dog ”;

• (b) after subsection (1) there is inserted—

(1A) A person (“D”) is not guilty of an offence under subsection (1) in a case which is a householder case. (1B) For the purposes of subsection (1A) “a householder case” is a case where— (a) the dog is dangerously out of control while in or partly in a building, or part of a building, that is a dwelling or is forces accommodation (or is both), and (b) at that time— (i) the person in relation to whom the dog is dangerously out of control (“V”) is in, or is entering, the building or part as a trespasser, or (ii) D (if present at that time) believed V to be in, or entering, the building or part as a trespasser. Section 76(8B) to (8F) of the Criminal Justice and Immigration Act 2008 (use of force at place of residence) apply for the purposes of this subsection as they apply for the purposes of subsection (8A) of that section (and for those purposes the reference in section 76(8D) to subsection (8A)(d) is to be read as if it were a reference to paragraph (b)(ii) of this subsection).

• (c) subsection (3) is repealed;

• (d) in subsection (4)—

• (i) the words “or (3)” are omitted;

• (ii) for “either of those subsections” there is substituted “ that subsection ”;

• (iii) in paragraph (b), for “two years” there is substituted “ the relevant maximum specified in subsection (4A) ”;

• (e) after subsection (4) there is inserted—

(4A) For the purposes of subsection (4)(b), the relevant maximum is— (a) 14 years if a person dies as a result of being injured; (b) 5 years in any other case where a person is injured; (c) 3 years in any case where an assistance dog is injured (whether or not it dies).

• (3) In section 4 (destruction and disqualification orders), the words “or (3)” are omitted in both places where they occur in subsection (1).

• (4) In section 4A (contingent destruction orders)—

• (a) in subsection (1)(a) the words “or (3)” are omitted;

• (b) in subsection (4) the words “or (3)” are omitted.

• (5) In section 5 (seizure, entry of premises and evidence)—

• (a) in subsection (1)(c), for “one” there is substituted “ a dog ”;

• (b) after subsection (1) there is inserted—

(1A) A constable or an officer of a local authority authorised by it to exercise the powers conferred by this subsection may seize any dog in a place in England or Wales which is not a public place, if the dog appears to the constable or officer to be dangerously out of control.

• (6) In section 10 (interpretation)—

• (a) in subsection (2), after the definition of “advertisement” there is inserted—

“assistance dog” has the meaning given by section 173(1) of the Equality Act 2010;

• (b) in subsection (3)—

• (i) after “injure any person” there is inserted “ or assistance dog ”;

• (ii) after “injuring a person” there is inserted “ or assistance dog ”.

Whether a dog is a danger to public safety

107

• (1) The Dangerous Dogs Act 1991 is amended as follows.

• (2) In section 1 (dogs bred for fighting) after subsection (6) there is inserted—

(6A) A scheme under subsection (3) or (5) may in particular include provision requiring a court to consider whether a person is a fit and proper person to be in charge of a dog.

• (3) In section 4 (destruction and disqualification orders) after subsection (1A) there is inserted—

(1B) For the purposes of subsection (1A)(a), when deciding whether a dog would constitute a danger to public safety, the court— (a) must consider— (i) the temperament of the dog and its past behaviour, and (ii) whether the owner of the dog, or the person for the time being in charge of it, is a fit and proper person to be in charge of the dog, and (b) may consider any other relevant circumstances.

• (4) Section 4B (destruction orders otherwise than on a conviction) is amended as follows—

• (a) in subsection (1), after “section 5(1) or (2) below” there is inserted “ or in exercise of a power of seizure conferred by any other enactment ”;

• (b) after subsection (2) there is inserted—

(2A) For the purposes of subsection (2)(a), when deciding whether a dog would constitute a danger to public safety, the justice or sheriff— (a) must consider— (i) the temperament of the dog and its past behaviour, and (ii) whether the owner of the dog, or the person for the time being in charge of it, is a fit and proper person to be in charge of the dog, and (b) may consider any other relevant circumstances.

PART 8 — Firearms

Offence of possessing firearm for supply etc

108

• (1) The Firearms Act 1968 is amended as set out in subsections (2) to (8).

• (2) In section 5 (which includes, in subsections (1) and (1A), offences of unauthorised possession etc of prohibited weapons and ammunition)—

• (a) in subsection (1) the words “, or manufactures, sells or transfers” are omitted;

• (b) in subsection (1A) the words “or sells or transfers” are omitted.

• (3) After subsection (2) of that section there is inserted—

(2A) A person commits an offence if without authority— (a) he manufactures any weapon or ammunition specified in subsection (1) of this section, (b) he sells or transfers any prohibited weapon or prohibited ammunition, (c) he has in his possession for sale or transfer any prohibited weapon or prohibited ammunition, or (d) he purchases or acquires for sale or transfer any prohibited weapon or prohibited ammunition.

• (4) For subsection (3) of that section there is substituted—

(3) In this section “authority” means an authority given in writing by— (a) the Secretary of State (in or as regards England and Wales), or (b) the Scottish Ministers (in or as regards Scotland).

• (5) In section 5A (exemptions from requirement of authority under section 5)—

• (a) in subsections (1), (3), (4), (5), (6) and (7), the words “subsection (1A) of” are omitted;

• (b) in subsections (1) and (3), for “any prohibited weapon or ammunition” there is substituted “ any weapon, ammunition or missile specified in subsection (1A) of that section ”.

• (6) In section 51A (minimum sentences for certain offences), in subsection (1A), before paragraph (a) there is inserted—

(za) section 5(2A) (manufacture, sale or transfer of firearm, or possession etc for sale or transfer);

• (7) In Schedule 6 (prosecution and punishment of offences), in Part 1 (table of punishments) the words “or distributing” are omitted in the entries for—

• (a) section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c),

• (b) section 5(1)(b),

• (c) section 5(1A)(a), and

• (d) section 5(1A)(b), (c), (d), (e), (f) or (g).

• (8) In Part 1 of that Schedule, after the entry for section 5(1A)(b), (c), (d), (e), (f) or (g) there is inserted—

Section 5(2A)	Manufacturing or distributing, or possessing for distribution, prohibited weapons or ammunition	On indictment	Imprisonment for life.