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Prospective
Section 2
1E+WThe Anti-social Behaviour, Crime and Policing Act 2014 is amended as set out in this Part.
Commencement Information
I1Sch. 1 para. 1 not in force at Royal Assent, see s. 255(1)
2(1)Section 1 (power to grant injunctions) is amended as follows.E+W
(2)In the heading, after “grant” insert “youth”.
(3)In subsection (1)—
(a)after “section” insert “(a “youth injunction”)”;
(b)after “over” insert “but under 18”.
(4)In subsection (4), for “An injunction under this section” substitute “A youth injunction”.
(5)After subsection (4) insert—
“(4A)But a youth injunction may not have the effect of excluding the respondent from the place where the respondent normally lives.”
(6)In subsection (5)—
(a)for “an injunction under this section” substitute “a youth injunction”;
(b)in paragraph (a), for the words from “works” to “establishment” substitute “attends school or any other educational establishment, or at which the respondent normally works”;
(c)in paragraph (b), for “may be” substitute “is”.
(7)For subsection (6) substitute—
“(6)A youth injunction must specify the period for which it has effect, which must be no more than 12 months.”
(8)In subsection (7), for “An injunction under this section” substitute “A youth injunction”.
(9)For subsection (8) substitute—
“(8)An application for a youth injunction must be made to a youth court.”
(10)At the end insert—
“(9)In this Part, anti-social behaviour means—
(a)conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or
(b)housing-related anti-social conduct (see section 2).”
Commencement Information
I2Sch. 1 para. 2 not in force at Royal Assent, see s. 255(1)
3E+WAfter section 1 insert—
(1)A court may grant an injunction under this section (a “housing injunction”) against a person aged 18 or over (“the respondent”) if two conditions are met.
(2)The first condition is that the court is satisfied, on the balance of probabilities, that the respondent has engaged or threatens to engage in housing-related anti-social conduct (see section 2).
(3)The second condition is that the court considers it just and convenient to grant the injunction for the purpose of preventing the respondent from engaging in housing-related anti-social conduct.
(4)A housing injunction may for the purpose of preventing the respondent from engaging in housing-related anti-social conduct—
(a)prohibit the respondent from doing anything described in the injunction;
(b)require the respondent to do anything described in the injunction.
(5)Prohibitions and requirements in a housing injunction must, so far as practicable, be such as to avoid—
(a)any interference with the times, if any, at which the respondent normally works or attends any educational establishment;
(b)any conflict with the requirements of any other court order or injunction to which the respondent may be subject.
(6)A housing injunction must—
(a)specify the period for which it has effect, or
(b)state that it has effect until further order.
(7)A housing injunction may specify periods for which particular prohibitions or requirements have effect.
(8)An application for a housing injunction must be made to the High Court or the county court, subject to any rules of court made under section 18(2).
(9)A court may treat an application for a housing injunction as an application under section A1 (power to make respect orders) for an order under that section.”
Commencement Information
I3Sch. 1 para. 3 not in force at Royal Assent, see s. 255(1)
4(1)Section 2 (meaning of “anti-social behaviour”) is amended as follows.E+W
(2)In the heading, for ““anti-social behaviour”” substitute ““housing-related anti-social conduct””.
(3)In subsection (1)—
(a)for ““anti-social behaviour”” substitute ““housing-related anti-social conduct””;
(b)omit paragraph (a).
(4)In subsection (2), for “section 1” substitute “this Part”.
Commencement Information
I4Sch. 1 para. 4 not in force at Royal Assent, see s. 255(1)
5E+WIn section 3 (requirements included in injunctions), for “section 1”, in both places it occurs, substitute “this Part”.
Commencement Information
I5Sch. 1 para. 5 not in force at Royal Assent, see s. 255(1)
6(1)Section 4 (power of arrest) is amended as follows.E+W
(2)In subsection (1)—
(a)for “section 1” substitute “this Part”;
(b)in paragraph (a), for “anti-social behaviour” substitute “relevant conduct”.
(3)At the end insert—
“(3)In this section, “relevant conduct” means—
(a)in relation to a youth injunction, anti-social behaviour;
(b)in relation to a housing injunction, housing-related anti-social conduct.”
Commencement Information
I6Sch. 1 para. 6 not in force at Royal Assent, see s. 255(1)
7(1)Section 5 (applications for injunctions) is amended as follows.E+W
(2)In subsection (1), for “section 1” substitute “this Part”.
(3)In subsection (3), for “anti-social behaviour” substitute “relevant conduct”.
(4)After subsection (4) insert—
“(4A)In this section, “relevant conduct” means—
(a)in relation to a youth injunction, anti-social behaviour;
(b)in relation to a housing injunction, housing-related anti-social conduct.”
Commencement Information
I7Sch. 1 para. 7 not in force at Royal Assent, see s. 255(1)
8E+WIn section 6 (applications without notice), in subsection (1), for “section 1” substitute “this Part”.
Commencement Information
I8Sch. 1 para. 8 not in force at Royal Assent, see s. 255(1)
9E+WIn section 7 (interim injunctions)—
(a)in subsection (1), for “section 1” substitute “this Part”;
(b)in subsection (2), for “that section” substitute “this Part”.
Commencement Information
I9Sch. 1 para. 9 not in force at Royal Assent, see s. 255(1)
10(1)Section 8 (variation or discharge of injunctions) is amended as follows.E+W
(2)In subsection (1), for “section 1” substitute “this Part”.
(3)For subsection (2) substitute—
“(2)In subsection (1) “the court” means the court that granted the injunction.”
Commencement Information
I10Sch. 1 para. 10 not in force at Royal Assent, see s. 255(1)
11(1)Section 9 (arrest without warrant) is amended as follows.E+W
(2)In subsection (1), for “section 1” substitute “this Part”.
(3)In subsection (3), omit paragraphs (a) to (c) and insert—
“(a)in the case of a housing injunction—
(i)a judge of the county court, or
(ii)if the injunction was granted by the High Court, a judge of the High Court or a judge of the county court;
(b)in the case of a youth injunction, a justice of the peace.”
(4)In subsection (5), omit “or (b)”.
(5)In subsection (6), for “(c)” substitute “(b)”.
Commencement Information
I11Sch. 1 para. 11 not in force at Royal Assent, see s. 255(1)
12(1)Section 10 (issue of arrest warrant) is amended as follows.E+W
(2)In subsection (1), for “section 1” substitute “this Part”.
(3)In subsection (2), omit paragraphs (a) to (c) and insert—
“(a)in the case of a housing injunction—
(i)a judge of the High Court, if the injunction was granted by the High Court, or
(ii)a judge of the county court, if the injunction was granted by the county court;
(b)in the case of a youth injunction, a justice of the peace.”
(4)In subsection (6)—
(a)for “before—” substitute “before the youth court that granted the injunction.”;
(b)omit paragraphs (a) and (b).
Commencement Information
I12Sch. 1 para. 12 not in force at Royal Assent, see s. 255(1)
13E+WIn section 12 (powers in respect of under-18s), before “injunctions” insert “youth”.
Commencement Information
I13Sch. 1 para. 13 not in force at Royal Assent, see s. 255(1)
14(1)Section 13 (power to exclude person from home), subsection (1) is amended as follows.E+W
(2)In the words before paragraph (a), for “An injunction under section 1” substitute “A housing injunction”.
(3)Omit paragraph (a).
(4)In paragraph (c)(i), for “anti-social behaviour” substitute “housing-related anti-social conduct”.
Commencement Information
I14Sch. 1 para. 14 not in force at Royal Assent, see s. 255(1)
15E+WBefore section 14 (but after the italic heading before that section) insert—
(1)A person applying for an injunction under this Part must before doing so carry out a risk assessment in relation to the application.
(2)A risk assessment, in relation to an application for an injunction under this Part, is an assessment of—
(a)the risk of any person being caused nuisance or annoyance in relation to their occupation of residential premises by the respondent’s conduct,
(b)(in relation to an application for a youth injunction), the risk of any person being caused harassment, alarm or distress by the respondent’s conduct,
(c)any vulnerabilities of the respondent,
(d)any alternative means of preventing the respondent from engaging in relevant conduct, and
(e)such other matters as the person considers relevant.
(3)A person required to carry out a risk assessment under this section must in doing so have regard to any guidance issued by the Secretary of State under section 19.
(4)In this section, “relevant conduct” means—
(a)in relation to an application for a youth injunction, anti-social behaviour;
(b)in relation to an application for a housing injunction, housing-related anti-social conduct.”
Commencement Information
I15Sch. 1 para. 15 not in force at Royal Assent, see s. 255(1)
16(1)Section 14 (requirements to consult etc) is amended as follows.E+W
(2)In subsection (1)—
(a)in the words before paragraph (a), for “section 1” substitute “this Part”;
(b)in paragraph (a)—
(i)at the beginning insert “in the case of a youth injunction,”;
(ii)omit the words from “, if” to the end;
(c)in paragraph (b)—
(i)at the beginning insert “in any case,”;
(ii)for “other” substitute “(or, where paragraph (a) applies, any other).”
(3)In subsection (2)—
(a)in paragraph (a), at the beginning insert “in the case of a youth injunction,”;
(b)in paragraph (b)—
(i)at the beginning insert “in any case,”;
(ii)for “other” substitute “(or, where paragraph (a) applies, any other)”.
(4)In subsection (3)—
(a)in the words before paragraph (a), for “section 1” substitute “this Part”;
(b)in paragraph (a), at the beginning insert “in the case of a youth injunction,”;
(c)in paragraph (b)—
(i)at the beginning insert “in any case,”;
(ii)for “other” substitute “(or, where paragraph (a) applies, any other)”.
Commencement Information
I16Sch. 1 para. 16 not in force at Royal Assent, see s. 255(1)
17(1)Section 18 (rules of court) is amended as follows.E+W
(2)In subsection (1), for “section 1” substitute “this Part”.
(3)In subsection (2)—
(a)in the words before paragraph (a), for “an injunction under section 1” substitute “a housing injunction or a respect order”;
(b)in paragraph (a), for “an injunction under that section” substitute “a youth injunction”.
(4)In subsection (3)—
(a)in the words before paragraph (a), for “under this Part” substitute “on an application for a youth injunction”;
(b)in paragraph (a), at the end insert “and for the application to be treated as an application for a housing injunction or a respect order (as the court to which the proceedings are transferred considers appropriate)”.
Commencement Information
I17Sch. 1 para. 17 not in force at Royal Assent, see s. 255(1)
18E+WIn section 19 (guidance), in subsection (1), for “section 1” substitute “this Part”.
Commencement Information
I18Sch. 1 para. 18 not in force at Royal Assent, see s. 255(1)
19(1)In section 20 (interpretation etc), subsection (1) is amended as follows.E+W
(2)In the definition of “anti-social behaviour”, for “section 2” substitute “section 1(9)”.
(3)For the definition of “respondent” substitute—
““respondent”—
in relation to a youth injunction, has the meaning given by section 1(1);
in relation to a housing injunction, has the meaning given by section 1A(1);”.
(4)At the appropriate places, insert—
““housing injunction” means an injunction under section 1A;”;
““housing-related anti-social conduct” has the meaning given by section 2;”;
““respect order” means an order under section A1;”;
““youth injunction” means an injunction under section 1.”
Commencement Information
I19Sch. 1 para. 19 not in force at Royal Assent, see s. 255(1)
20E+WIn section 101 (the community remedy document), in subsection (9), for the definition of “anti-social behaviour” substitute—
““anti-social behaviour” means—
conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or
housing-related anti-social conduct as defined by section 2 (ignoring subsection (2) of that section);”.
Commencement Information
I20Sch. 1 para. 20 not in force at Royal Assent, see s. 255(1)
21(1)Section 102 (anti-social behaviour etc: out-of-court disposals) is amended as follows.E+W
(2)In subsection (1), in paragraph (c), for “an injunction under section 1” substitute “a respect order under section A1 or an injunction under Part 1”.
(3)In subsection (6), for the definition of “anti-social behaviour” substitute—
““anti-social behaviour” means—
conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or
housing-related anti-social conduct, as defined by section 2 (ignoring subsection (2) of that section);”.
Commencement Information
I21Sch. 1 para. 21 not in force at Royal Assent, see s. 255(1)
22(1)Schedule 2 (breach of injunctions: powers of court in respect of under-18s) is amended as follows.E+W
(2)In the heading, before “injunctions” insert “youth”.
(3)In paragraph 1(1), for “an injunction under section 1” substitute “a youth injunction”.
Commencement Information
I22Sch. 1 para. 22 not in force at Royal Assent, see s. 255(1)
23(1)Section 84A of the Housing Act 1985 (absolute ground for possession for anti-social behaviour) is amended as follows.
(2)In subsection (4)—
(a)for “section 1” substitute “Part 1”;
(b)after “2014” insert “or a respect order”.
(3)In subsection (9), for the definition of “relevant proceedings”, substitute—
““relevant proceedings” means—
proceedings for an offence under section I1 of the Anti-social Behaviour, Crime and Policing Act 2014,
proceedings under Schedule 2 to that Act, or
proceedings for contempt of court;
“respect order” means an order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014;”.
Commencement Information
I23Sch. 1 para. 23 not in force at Royal Assent, see s. 255(1)
24In Schedule 3 to that Act (grounds for withholding consent to assignment by way of exchange), in Ground 2A, in the definition of “relevant order”, for “an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014” substitute—
“a respect order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014;
an injunction under Part 1 of that Act;”.
Commencement Information
I24Sch. 1 para. 24 not in force at Royal Assent, see s. 255(1)
25(1)In Part 1 of Schedule 2 to the Housing Act 1988 (grounds on which court must order possession of dwelling-houses let on assured tenancies), Ground 7A is amended as follows.
(2)In condition 2, in the words before paragraph (a)—
(a)for “section 1” substitute “Part 1”;
(b)after “2014” insert “or a respect order”.
(3)In the list of definitions for the purposes of Ground 7A, for the definition of “relevant proceedings” substitute—
““relevant proceedings” means—
proceedings for an offence under section I1 of the Anti-social Behaviour, Crime and Policing Act 2014,
proceedings under Schedule 2 to that Act, or
proceedings for contempt of court;
“respect order” means an order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014;”.
Commencement Information
I25Sch. 1 para. 25 not in force at Royal Assent, see s. 255(1)
26In section 50 of the Police Reform Act 2002 (persons engaging in anti-social behaviour), for subsection (1A) substitute—
“(1A)In subsection (1) “anti-social behaviour” means—
(a)conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or
(b)housing-related anti-social conduct, as defined by section 2 of the Anti-social Behaviour, Crime and Policing Act 2014 (ignoring subsection (2) of that section).”
Commencement Information
I26Sch. 1 para. 26 not in force at Royal Assent, see s. 255(1)
27In Schedule 14 to the Localism Act 2011 (grounds on which landlord may refuse to surrender and grant tenancies under section 158), in paragraph 6(4), in the definition of “relevant order”—
(a)after paragraph (e) insert—
“(ea)a respect order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014,”;
(b)in paragraph (f), for “section 1 of the Anti-social Behaviour, Crime and Policing Act 2014” substitute “Part 1 of that Act”.
Commencement Information
I27Sch. 1 para. 27 not in force at Royal Assent, see s. 255(1)
28In section 80(3) of the Sentencing Code (list of circumstances where an order for conditional discharge is not available), after paragraph (c) insert—
“(ca)section I1(4) of the Anti-social Behaviour, Crime and Policing Act 2014 (breach of respect order);”.
Commencement Information
I28Sch. 1 para. 28 not in force at Royal Assent, see s. 255(1)
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