Draft Order laid before Parliament under section 114(3) of the Crime and Disorder Act 1998 for approval by both Houses of Parliament

2007 No.

housing, england

The Local Authorities (Contracting Out of Anti-social Behaviour Order Functions) (England) Order 2007

Made

Coming into force

This Order is made in exercise of the powers conferred by subsections (1), (2), (10) and (11) of section 1F of the Crime and Disorder Act 19981.

In accordance with section 1F(5)(b) and (c) of that Act the Secretary of State has consulted such representatives of local government and such other persons as she considers appropriate.

In accordance with section 114(3)2 of that Act a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

Accordingly the Secretary of State makes the following Order:

Citation, commencement, interpretation and application1

1

This Order may be cited as the Local Authorities (Contracting Out of Anti-social Behaviour Order Functions) (England) Order 2007 and shall come into force on the day after the day on which it is made.

2

In this Order—

  • “the Act” means the Crime and Disorder Act 1998;

  • “local authority” means a relevant authority which is a local authority;

  • “relevant function” means any function exercisable by a local authority under sections 1 to 1E3 of the Act;

  • “housing manager” means a person who exercises management functions of the local authority pursuant to an agreement made under section 27 of the Housing Act 19854.

3

This Order applies to local authorities in England only.

Contracting out2

Subject to article 3, a local authority may make arrangements with one or more housing managers whereby the housing manager, or an employee of the manager, may exercise any relevant function.

Conditions3

1

A local authority shall not make arrangements with the housing manager for the exercise of any function under section 1 or 1B of the Act unless it also makes arrangements with him for the exercise of its functions under section 1E of the Act.

2

Arrangements made by the local authority with the housing manager—

a

shall require the housing manager to consult the local authority before exercising any relevant function; and

b

may include such other conditions as the local authority considers appropriate.

Legal Proceedings4

Section 223 (appearance of local authorities in legal proceedings) of the Local Government Act 19725 shall have effect as if—

a

a housing manager with whom arrangements are made by virtue of this Order to exercise any relevant functions; and

b

any employee of the manager,

were an officer of the local authority.

Signed by authority of the Secretary of State

for Communities and Local Government

Parliamentary Under Secretary of StateDepartment of Communities and Local Government
EXPLANATORY NOTE

(This note is not part of the Order)

Section 1F of the Crime and Disorder Act 1998 (“the Act”) provides that the Secretary of State may make an order permitting a local authority to enter into arrangements whereby another person is able to exercise the local authority’s powers relating to anti-social behaviour orders under sections 1 to 1E of the Act.

Article 2 allows a local authority to enter into such arrangements with a person (“housing manager”) with whom it has already entered into an agreement under section 27 of the Housing Act 1985 to manage houses, or land held for related purposes, for that local authority.

Article 3 makes provision for conditions to which arrangements must or may be subject.

Article 4 applies the provisions of section 223 of the Local Government Act 1972, which allows authorised employees of a local authority to prosecute or defend proceedings in a magistrates’ court, to the housing manager and its employees.

A full regulatory impact assessment of the effect that this Order will have on the costs of business is available from Mr Yemi Atiku at the Department of Communities and Local Government 1st Floor Eland House, Bressenden Place, London SW1E 5DU (telephone 0207 944 5143, email yemi.atiku@communities.gsi.gov.uk).