The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 7, Saving and Transitional Provisions) Order 2014

Made: 24th September 2014

The Secretary of State, in exercise of the powers conferred by section 185(1) and (7) of the Anti-social Behaviour, Crime and Policing Act 2014[^f00001], makes the following Order.

Citation and interpretation

1

• (1) This Order may be cited as the Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 7, Saving and Transitional Provisions) Order 2014.

• (2) In this Order “the 2014 Act” means the Anti-social Behaviour, Crime and Policing Act 2014.

Provisions coming into force on 20th October 2014 in relation to England

2

The following provisions of the 2014 Act come into force on 20th October 2014 in relation to England—

• (a) section 94 (new ground for serious offences or breach of prohibitions etc);

• (b) section 95 (notice requirements for new ground);

• (c) section 96 (review requirements for new ground), insofar as it is not already in force;

• (d) section 97 (corresponding new ground and notice requirements for assured tenancies);

• (e) section 100(2) and (3) (restrictions where new possession proceedings in progress etc);

• (f) section 181(1) (amendments), insofar as it relates to the provisions of Schedule 11 specified in sub-paragraph (h);

• (g) Schedule 3 (Schedule to be inserted as Schedule 2A to the Housing Act 1985);

• (h) in Schedule 11 (minor and consequential amendments), paragraphs 2, 7 to 10, 13, 14, 15(4), 16, 18, 19, 47(4) and 48.

Provisions coming into force on 20th October 2014

3

The following provisions of the 2014 Act come into force on 20th October 2014—

• (a) Part 2 (criminal behaviour orders);

• (b) Part 3 (dispersal powers);

• (c) Part 4 (community protection);

• (d) Part 6 (local involvement and accountability) to the extent not already in force;

• (e) section 181(1) (amendments), insofar as it relates to the provisions of Schedule 11 specified in sub-paragraph (g);

• (f) Schedule 4 (ASB case reviews: supplementary provision), to the extent not already in force;

• (g) in Schedule 11 (minor and consequential amendments), the following paragraphs—

• (i) paragraphs 3 to 5;

• (ii) paragraph 21;

• (iii) paragraph 24(a), insofar as it relates to the repeal of the following provisions of the Crime and Disorder Act 1998[^f00002]—

• (aa) in section 1(1A), the reference to “1C, 1CA”;

• (bb) in section 1A(2)(a), the reference to “1CA”;

• (cc) section 1C;

• (dd) section 1CA;

• (ee) section 1D(1)(c) and (d) and (6);

• (ff) section 1D(2) insofar as it relates to a case falling within subsection (1)(c) or (d);

• (gg) section 1D(4)(c) insofar as it relates to a case falling within subsection (1)(c) or (d);

• (hh) section 1I(1)(b);

• (ii) section 1J(1)(c);

• (jj) section 1K(2);

• (iv) paragraphs 25 and 26;

• (v) paragraph 30;

• (vi) paragraphs 32 to 43 and 45;

• (vii) paragraph 44 insofar as it relates to the repeal of the following provisions of the Violent Crime Reduction Act 2006—

• (aa) sections 6 to 8;

• (bb) section 9(1)(b) and (9);

• (cc) sections 9(7)(b) and 10(1) insofar as they relate to a drinking banning order made under section 6 of the Violent Crime Reduction Act 2006.

• (viii) in paragraph 50, the repeals relating to—

• (aa) the Licensing Act 2003[^f00003];

• (bb) sections 14(3)(a) and 56(1) of the Anti-social Behaviour Act 2003[^f00004];

• (cc) paragraph 59 of Schedule 26 to the Criminal Justice Act 2003[^f00005];

• (dd) paragraph 36 of Schedule 7 to the Serious Organised Crime and Police Act 2005[^f00006];

• (ee) the Clean Neighbourhoods and Environment Act 2005[^f00007];

• (ff) paragraph 7 of Schedule 1 to the Drugs Act 2005[^f00008];

• (gg) sections 8(7) and 26 of the Violent Crime Reduction Act 2006[^f00009];

• (hh) section 118 of, and Schedule 20 to, the Criminal Justice and Immigration Act 2008[^f00010];

• (ii) the Policing and Crime Act 2009[^f00011];

• (jj) the Police Reform and Social Responsibility Act 2011[^f00012];

• (kk) the Localism Act 2011[^f00013].

Saving provision in relation to the coming into force of Part 2

4

Notwithstanding the commencement of paragraphs 25 and 26 of Schedule 11 to the 2014 Act, sections 8 and 9 of the Crime and Disorder Act 1998 as in force immediately before the commencement of those provisions continue to apply to an anti-social behaviour order within the meaning of section 1 of that Act.

Transitional provision in relation to the coming into force of sections 94 and 97 in England

5

In relation to the coming into force of sections 94 and 97 of the 2014 Act (absolute grounds for possession) in England, condition 5 in section 84A(7) of the Housing Act 1985[^f00014] and in Ground 7A of Part 1 of Schedule 2 to the Housing Act 1988[^f00015] is only met if the offence under—

• (a) section 80(4) of the Environmental Protection Act 1990[^f00016] (breach of abatement notice in relation to statutory nuisance), or

• (b) section 82(8) of that Act (breach of court order to abate statutory nuisance etc.),

Signed

Norman Baker — Minister of State — Home Office — 24th September 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force various provisions of the Anti-social Behaviour, Crime and Policing Act 2014 (“the 2014 Act”).

Article 2 brings into force provisions relating to the recovering of possession of dwelling houses on anti-social behaviour grounds, in relation to England, as well as minor and consequential amendments relating to provisions mentioned in articles 2 and 3.

Article 3 brings into force provisions relating to criminal behaviour orders, dispersal powers, community protection and local involvement and accountability.

Article 4 makes saving provision in relation to the coming into force of Part 2 of the Act to allow for parenting orders to be made where a criminal behaviour order has been made.

Article 5 makes transitional provision in relation to the coming into force of sections 94 and 97 of the 2014 Act in England to ensure that condition 5 in the new absolute grounds for possession is only met where the offence under the Environmental Protection Act 1990 is committed on or after 20th October 2014.

Footnotes

[^f00001]: 2014 c. 12.

[^f00002]: 1998 c. 37.

[^f00003]: 2003 c. 17.

[^f00004]: 2003 c. 38.

[^f00005]: 2003 c. 44.

[^f00006]: 2005 c. 15.

[^f00007]: 2005 c. 16.

[^f00008]: 2005 c. 17.

[^f00009]: 2006 c. 38.

[^f00010]: 2008 c. 4.

[^f00011]: 2009 c. 26.

[^f00012]: 2011 c. 13.

[^f00013]: 2011 c. 20.

[^f00014]: 1985 c. 68. Section 84A is prospectively inserted by section 94(1) of the 2014 Act.

[^f00015]: 1988 c. 50. Ground 7A of Part 1 of Schedule 2 is prospectively inserted by section 97(1) of the 2014 Act.

[^f00016]: 1990 c. 43.

Editorial notes

[^key-fba4c9e0711bd49b89d8fc972c780b5d]: Art. 1 in force at made date

[^key-d8bcb68db7e80c1ff2496ba8f3306b64]: Art. 2 in force at made date

[^key-14d1fce7d2804febd88330022c8e737d]: Art. 3 in force at made date

[^key-1fc033715d2069dd837a6678bcf7be05]: Art. 4 in force at made date

[^key-ba04594980d7c7aa2c3ac7ff55d3974e]: Art. 5 in force at made date

[^key-5857f6ff6200b41b2ff515c9fa61fc8d]: Art. 5A inserted (20.10.2014) by The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 7, Saving and Transitional Provisions) (Amendment) Order 2014 (S.I. 2014/2754), arts. 1, 5

[^key-1392954d454f6be278fbec1fb675bf90]: Art. 3(g)(vii) renumbered as art. 3(g)(viii) (20.10.2014) by The Anti Social Behaviour, Crime and Policing Act 2014 (Commencement No. 7, Saving and Transitional Provisions) (Amendment) Order 2014 (S.I. 2014/2754), arts. 1, 3(b)

[^key-1fc8500da36224f1e2be6f688b186d3a]: Art. 3(vii) inserted (20.10.2014) by The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 7, Saving and Transitional Provisions) (Amendment) Order 2014 (S.I. 2014/2754), arts. 1, 3(c)

[^key-a738524add8c356c7e4f3fa4900414dc]: Words in art. 3(g)(vi) substituted (20.10.2014) by The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 7, Saving and Transitional Provisions) (Amendment) Order 2014 (S.I. 2014/2754), arts. 1, 3(a)

[^key-53053a6d1ffcd966d1119b8e859058d1]: Words in art. 4 substituted (20.10.2014) by virtue of The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 7, Saving and Transitional Provisions) (Amendment) Order 2014 (S.I. 2014/2754), arts. 1, 4

Transitional provision in relation to the coming into force of Part 6

5A

Until Part 1 of the 2014 Act comes into force, section 102(1)(c) is to be read as if for “an injunction under section 1” there were substituted “an order under section 1 of the Crime and Disorder Act 1998 or an injunction under section 153A of the Housing Act 1996”.