13Power to exclude person from home in cases of violence or risk of harmE+W
(1)An injunction under section 1 may have the effect of excluding the respondent from the place where he or she normally lives (“the premises”) only if—
(a)the respondent is aged 18 or over,
(b)the injunction is granted on the application of—
(i)a local authority,
(ii)the chief officer of police for the police area that the premises are in, or
(iii)if the premises are owned or managed by a housing provider, that housing provider, and
(c)the court thinks that—
(i)the anti-social behaviour in which the respondent has engaged or threatens to engage consists of or includes the use or threatened use of violence against other persons, or
(ii)there is a significant risk of harm to other persons from the respondent.
(2)For the purposes of this section a housing provider owns a place if—
(a)the housing provider is a person (other than a mortgagee not in possession) entitled to dispose of the fee simple of the place, whether in possession or in reversion, or
(b)the housing provider is a person who holds or is entitled to the rents and profits of the place under a lease that (when granted) was for a term of not less then 3 years.
Commencement Information
I1S. 13 in force at 23.3.2015 by S.I. 2015/373, art. 4(a)