The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 2 and Transitional Provisions) (Wales) Order 2014

Made: 20 October 2014

The Welsh Ministers make the following Order in exercise of the powers conferred by section 185(3) and (8) of the Anti-social Behaviour, Crime and Policing Act 2014[^f00001].

Title and interpretation

1

• (1) The title of this Order is the Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 2 and Transitional Provisions) (Wales) Order 2014.

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

Commencement and application

2

The following provisions of the 2014 Act will come into force in relation to Wales on 21 October 2014—

• (a) section 94 (new ground for serious offences or breach of prohibitions etc) and Schedule 3 (Schedule to be inserted as Schedule 2A to the Housing Act 1985);

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

• (c) section 96 (review requirements for new ground);

• (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 in Schedule 11 specified in paragraph (g) below; and

• (g) in Schedule 11 (minor and consequential amendments)—

• (i) paragraph 2;

• (ii) paragraph 7;

• (iii) paragraph 8;

• (iv) paragraph 9;

• (v) paragraph 10;

• (vi) paragraph 13;

• (vii) paragraph 14;

• (viii) paragraph 15(4)(a) and (c);

• (ix) paragraph 16;

• (x) paragraph 18; and

• (xi) paragraph 19.

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

3

In relation to the coming into force of sections 94 and 97 (absolute grounds for possession) in Wales, condition 5 in section 84A(7) of the Housing Act 1985[^f00002] and condition 5 in Ground 7A of Part 1 of Schedule 2 to the Housing Act 1988[^f00003] is only met if the offence under—

• (a) section 80(4) of the Environmental Protection Act 1990[^f00004] (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.),

is committed by the tenant, or a person residing in or visiting the dwelling-house, on or after 20 October 2014.

Signed

Lesley Griffiths — Minister for Communities and Tackling Poverty, one of the Welsh Ministers — 20 October 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

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

Article 2 brings into force, in relation to Wales, provisions relating to the absolute ground for possession for anti-social behaviour (sections 94 – 97, 100(2) and (3), and Schedule 3 of the 2014 Act) and associated consequential amendments, as well as consequential amendments in relation to Parts 1, 2 and 4 of the 2014 Act.

Article 3 makes transitional provision in relation to the coming into force of sections 94 and 97 of the 2014 Act 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 20 October 2014.

Footnotes

[^f00001]: 2014 c. 12.

[^f00002]: 1985 c. 68. Section 84A is prospectively inserted by section 94(1) of the Anti-social Behaviour, Crime and Policing Act 2014.

[^f00003]: 1988 c. 50. Ground 7A of Part 1 of Schedule 2 is prospectively inserted by section 97(1) of the Anti-social Behaviour, Crime and Policing Act 2014.

[^f00004]: 1990 c. 43.