- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Anti-social Behaviour Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)The Crime and Disorder Act 1998 (c. 37) is amended as follows.
(2)In section 1(1A) (authorities who may apply for anti-social behaviour orders)—
(a)after paragraph (a) there is inserted—
“(aa)in relation to England, a county council;”;
(b)after paragraph (c) “or” is omitted;
(c)after paragraph (d) there is inserted “or
(e)a housing action trust established by order in pursuance of section 62 of the Housing Act 1988.”
(3)In section 1(1B) (persons requiring protection from anti-social acts)—
(a)after paragraph (a) there is inserted—
“(aa)in relation to a relevant authority falling within paragraph (aa) of subsection (1A), persons within the county of the county council;”;
(b)in paragraph (d) after “paragraph (d)” there is inserted “ or (e) ”.
(4)In section 1 after subsection (10) (penalty for breach of anti-social behaviour order) there are inserted the following subsections—
“(10A)The following may bring proceedings for an offence under subsection (10)—
(a)a council which is a relevant authority;
(b)the council for the local government area in which a person in respect of whom an anti-social behaviour order has been made resides or appears to reside.
(10B)If proceedings for an offence under subsection (10) are brought in a youth court section 47(2) of the Children and Young Persons Act 1933 (c. 12) has effect as if the persons entitled to be present at a sitting for the purposes of those proceedings include one person authorised to be present by a relevant authority.”
(5)In section 1B (anti-social behaviour orders in county court proceedings) after subsection (3) there are inserted the following subsections—
“(3A)Subsection (3B) applies if a relevant authority is a party to the principal proceedings and considers—
(a)that a person who is not a party to the proceedings has acted in an anti-social manner, and
(b)that the person’s anti-social acts are material in relation to the principal proceedings.
(3B)The relevant authority may—
(a)make an application for the person mentioned in subsection (3A)(a) to be joined to the principal proceedings to enable an order under subsection (4) to be made in relation to that person;
(b)if that person is so joined, apply for an order under subsection (4).
(3C)But a person must not be joined to proceedings in pursuance of subsection (3B) unless his anti-social acts are material in relation to the principal proceedings.”
(6)In section 1B(5) for “party to the principal proceedings” there is substituted “ person ”.
(7)In section 1E (consultation requirements) after subsection (4) there is inserted—
“(5)Subsection (4)(a) does not apply if the relevant authority is a county council for a county in which there are no districts.”
(8)In section 9 (which makes supplemental provision about parenting orders) after subsection (1A) there is inserted the following subsection—
“(1B)If an anti-social behaviour order is made in respect of a person under the age of 16 the court which makes the order—
(a)must make a parenting order if it is satisfied that the relevant condition is fulfilled;
(b)if it is not so satisfied, must state in open court that it is not and why it is not.”
(9)An order under section 93 below made in relation to subsection (5) above may make provision for that subsection to come into force—
(a)for such period as is specified in the order;
(b)on different days in respect of persons of different ages.
(10)Subsection (9) does not affect section 94(2) below.
(11)The making of an order as mentioned in subsection (9)(a) does not prevent the making of a further order under section 93 below—
(a)whether for the same or a different purpose, or
(b)in relation to the same area.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: