Решение № 1/16 продление срока действия мандата представителя ОБСЕ по вопросам свободы средств массовой информации
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This section applies to premises if a police officer not below the rank of superintendent (the authorising officer) has reasonable grounds for believing—
that at any time during the relevant period the premises have been used in connection with the unlawful use, production or supply of a Class A controlled drug, and
that the use of the premises is associated with the occurrence of disorder or serious nuisance to members of the public.
The authorising officer may authorise the issue of a closure notice in respect of premises to which this section applies if he is satisfied—
that the local authority for the area in which the premises are situated has been consulted;
that reasonable steps have been taken to establish the identity of any person who lives on the premises or who has control of or responsibility for or an interest in the premises.
An authorisation under subsection (2) may be given orally or in writing, but if it is given orally the authorising officer must confirm it in writing as soon as it is practicable.
A closure notice must—
give notice that an application will be made under section 2 for the closure of the premises;
state that access to the premises by any person other than a person who habitually resides in the premises or the owner of the premises is prohibited;
specify the date and time when and the place at which the application will be heard;
explain the effects of an order made in pursuance of section 2;
state that failure to comply with the notice amounts to an offence;
give information about relevant advice providers.
The closure notice must be served by a constable.
Service is effected by—
fixing a copy of the notice to at least one prominent place on the premises,
fixing a copy of the notice to each normal means of access to the premises,
fixing a copy of the notice to any outbuildings which appear to the constable to be used with or as part of the premises,
giving a copy of the notice to at least one person who appears to the constable to have control of or responsibility for the premises, and
giving a copy of the notice to the persons identified in pursuance of subsection (2)(b) and to any other person appearing to the constable to be a person of a description mentioned in that subsection.
The closure notice must also be served on any person who occupies any other part of the building or other structure in which the premises are situated if the constable reasonably believes at the time of serving the notice under subsection (6) that the person’s access to the other part of the building or structure will be impeded if a closure order is made under section 2.
It is immaterial whether any person has been convicted of an offence relating to the use, production or supply of a controlled drug.
The Secretary of State may by regulations specify premises or descriptions of premises to which this section does not apply.
The relevant period is the period of three months ending with the day on which the authorising officer considers whether to authorise the issue of a closure notice in respect of the premises.
Information about relevant advice providers is information about the names of and means of contacting persons and organisations in the area that provide advice about housing and legal matters.
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If a closure notice has been issued under section 1 a constable must apply under this section to a magistrates' court for the making of a closure order.
The application must be heard by the magistrates' court not later than 48 hours after the notice was served in pursuance of section 1(6)(a).
The magistrates' court may make a closure order if and only if it is satisfied that each of the following paragraphs applies—
the premises in respect of which the closure notice was issued have been used in connection with the unlawful use, production or supply of a Class A controlled drug;
the use of the premises is associated with the occurrence of disorder or serious nuisance to members of the public;
the making of the order is necessary to prevent the occurrence of such disorder or serious nuisance for the period specified in the order.
A closure order is an order that the premises in respect of which the order is made are closed to all persons for such period (not exceeding three months) as the court decides.
But the order may include such provision as the court thinks appropriate relating to access to any part of the building or structure of which the premises form part.
The magistrates' court may adjourn the hearing on the application for a period of not more than 14 days to enable— to show why a closure order should not be made.
the occupier of the premises,
the person who has control of or responsibility for the premises, or
any other person with an interest in the premises,
If the magistrates' court adjourns the hearing under subsection (6) it may order that the closure notice continues in effect until the end of the period of the adjournment.
A closure order may be made in respect of all or any part of the premises in respect of which the closure notice was issued.
It is immaterial whether any person has been convicted of an offence relating to the use, production or supply of a controlled drug.
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This section applies if a magistrates' court makes an order under section 2.
A constable or an authorised person may—
enter the premises in respect of which the order is made;
do anything reasonably necessary to secure the premises against entry by any person.
A person acting under subsection (2) may use reasonable force.
But a constable or authorised person seeking to enter the premises for the purposes of subsection (2) must, if required to do so by or on behalf of the owner, occupier or other person in charge of the premises, produce evidence of his identity and authority before entering the premises.
A constable or authorised person may also enter the premises at any time while the order has effect for the purpose of carrying out essential maintenance of or repairs to the premises.
In this section and in section 4 an authorised person is a person authorised by the chief officer of police for the area in which the premises are situated.
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A person commits an offence if he remains on or enters premises in contravention of a closure notice.
A person commits an offence if—
he obstructs a constable or an authorised person acting under section 1(6) or 3(2),
he remains on premises in respect of which a closure order has been made, or
he enters the premises.
A person guilty of an offence under this section is liable on summary conviction— or to both such imprisonment and fine.
to imprisonment for a period not exceeding six months, or
to a fine not exceeding level 5 on the standard scale,
But a person does not commit an offence under subsection (1) or subsection (2)(b) or (c) if he has a reasonable excuse for entering or being on the premises (as the case may be).
A constable in uniform may arrest a person he reasonably suspects of committing or having committed an offence under this section.
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At any time before the end of the period for which a closure order is made or extended a constable may make a complaint to an appropriate justice of the peace for an extension or further extension of the period for which it has effect.
But a complaint must not be made unless it is authorised by a police officer not below the rank of superintendent—
who has reasonable grounds for believing that it is necessary to extend the period for which the closure order has effect for the purpose of preventing the occurrence of disorder or serious nuisance to members of the public, and
who is satisfied that the local authority has been consulted about the intention to make the complaint.
If a complaint is made to a justice of the peace under subsection (1) the justice may issue a summons directed to— requiring such person to appear before the magistrates' court to answer to the complaint.
the persons on whom the closure notice relating to the closed premises was served under subsection (6)(d) or (e) or (7) of section 1;
any other person who appears to the justice to have an interest in the closed premises but on whom the closure notice was not served,
If the court is satisfied that the order is necessary to prevent the occurrence of disorder or serious nuisance for a further period it may extend the period for which the order has effect by a period not exceeding three months.
But a closure order must not have effect for more than six months.
Any of the following persons may make a complaint to an appropriate justice of the peace for an order that a closure order is discharged—
a constable;
the local authority;
a person on whom the closure notice relating to the closed premises was served under subsection (6)(d) or (e) or (7) of section 1;
a person who has an interest in the closed premises but on whom the closure notice was not served.
If a complaint is made under subsection (6) by a person other than a constable the justice may issue a summons directed to such constable as he thinks appropriate requiring the constable to appear before the magistrates' court to answer to the complaint.
The court must not make an order discharging a closure order unless it is satisfied that the closure order is no longer necessary to prevent the occurrence of disorder or serious nuisance to members of the public.
If a summons is issued in accordance with subsection (3) or (7), a notice stating the date, time and place at which the complaint will be heard must be served on—
the persons to whom the summons is directed if it is issued under subsection (3);
the persons mentioned in subsection (6)(c) and (d) (except the complainant) if the summons is issued under subsection (7);
such constable as the justice thinks appropriate (unless he is the complainant);
the local authority (unless they are the complainant).
An appropriate justice of the peace is a justice of the peace acting for the petty sessions area in which the premises in respect of which a closure order is made are situated.
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This section applies to—
an order under section 2 or 5;
a decision by a court not to make an order under either of those sections.
An appeal against an order or decision to which this section applies must be brought to the Crown Court before the end of the period of 21 days beginning with the day on which the order or decision is made.
An appeal against an order under section 2 or 5(4) may be brought by—
a person on whom the closure notice relating to the closed premises was served under section 1(6)(d) or (e);
a person who has an interest in the closed premises but on whom the closure notice was not served.
An appeal against the decision of a court not to make such an order may be brought by—
a constable;
the local authority.
On an appeal under this section the Crown Court may make such order as it thinks appropriate.
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This section applies to any person who occupies or owns any part of a building or structure—
in which closed premises are situated, and
in respect of which the closure order does not have effect.
A person to whom this section applies may at any time while a closure order has effect apply to—
the magistrates' court in respect of an order made under section 2 or 5;
the Crown Court in respect of an order made under section 6.
If an application is made under this section notice of the date, time and place of the hearing to consider the application must be given to every person mentioned in section 5(6).
On an application under this section the court may make such order as it thinks appropriate in relation to access to any part of a building or structure in which closed premises are situated.
It is immaterial whether any provision has been made as mentioned in section 2(5).
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A police authority or a local authority which incurs expenditure for the purpose of clearing, securing or maintaining the premises in respect of which a closure order has effect may apply to the court which made the order for an order under this section.
On an application under this section the court may make such order as it thinks appropriate in the circumstances for the reimbursement (in full or in part) by the owner of the premises of the expenditure mentioned in subsection (1).
But an application for an order under this section must not be entertained unless it is made not later than the end of the period of three months starting with the day the closure order ceases to have effect.
An application under this section must be served on—
the police authority for the area in which the premises are situated if the application is made by the local authority;
the local authority if the application is made by a police authority;
the owner of the premises.
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A constable is not liable for relevant damages in respect of anything done or omitted to be done by him in the performance or purported performance of his functions under this Part.
A chief officer of police is not liable for relevant damages in respect of anything done or omitted to be done by a constable under his direction or control in the performance or purported performance of the constable’s functions under this Part.
Subsections (1) and (2) do not apply—
if the act or omission is shown to have been in bad faith;
so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998 (c. 42).
This section does not affect any other exemption from liability for damages (whether at common law or otherwise).
Relevant damages are damages in proceedings for judicial review or for the tort of negligence or misfeasance in public duty.
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This section applies to any person who incurs financial loss in consequence of—
the issue of a closure notice, or
a closure order having effect.
A person to whom this section applies may apply to—
the magistrates' court which considered the application for a closure order;
the Crown Court if the closure order was made or extended by an order made by that Court on an appeal under section 6.
An application under this section must not be entertained unless it is made not later than the end of the period of three months starting with whichever is the later of—
the day the court decides not to make a closure order;
the day the Crown Court dismisses an appeal against a decision not to make a closure order;
the day a closure order ceases to have effect.
On an application under this section the court may order the payment of compensation out of central funds if it is satisfied—
that the person had no connection with the use of the premises as mentioned in section 1(1),
if the person is the owner or occupier of the premises, that he took reasonable steps to prevent the use,
that the person has incurred financial loss as mentioned in subsection (1), and
having regard to all the circumstances it is appropriate to order payment of compensation in respect of that loss.
Central funds has the same meaning as in enactments providing for the payment of costs.
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References to a controlled drug and (however expressed) to the production or supply of a controlled drug must be construed in accordance with the Misuse of Drugs Act 1971 (c. 38).
A Class A controlled drug is a controlled drug which is a Class A drug within the meaning of section 2 of that Act.
Premises includes—
any land or other place (whether enclosed or not);
any outbuildings which are or are used as part of the premises.
A closure notice is a notice issued under section 1.
A closure order is—
an order made under section 2;
an order extended under section 5;
an order made or extended under section 6 which has the like effect as an order made or extended under section 2 or 5 (as the case may be).
Each of the following is a local authority in relation to England—
a district council;
a London borough council;
a county council for an area for which there is no district council;
the Common Council of the City of London in its capacity as a local authority;
the Council of the Isles of Scilly.
Each of the following is a local authority in relation to Wales—
a county council;
a county borough council.
References to a local authority are to the local authority for the area in which premises—
to which a closure notice applies are situated;
in respect of which a closure order has effect are situated.
Closed premises are premises in respect of which a closure order has effect.
A person is the owner of premises if either of the following paragraphs applies to him—
he is a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion;
he is a person who holds or is entitled to the rents and profits of the premises under a lease which (when granted) was for a term of not less than three years.
This section applies for the purposes of this Part.
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In Part 8 of the Housing Act 1996 (c. 52) before section 219 (power of Secretary of State to give directions as to certain charges by social landlords) there is inserted the following section—
In section 36(2) of that Act (functions of the Housing Corporation relating to guidance and corresponding functions relating to Wales) after paragraph (h) there is inserted the following paragraph—
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The Housing Act 1996 (c. 52) is amended as follows.
Sections 152 (power to grant injunctions against anti-social behaviour) and 153 (power of arrest for breach of certain injunctions against anti-social behaviour) are omitted.
Before section 154 (power of arrest in ex parte applications) there are inserted the following sections—
In section 154—
in subsection (1) for “section 152(6) or section 153” there is substituted “section 153C(3) or 153D(4)”;
in subsection (1)(b) for “152(1)(a) or section 153(5)(a)” there is substituted “section 153A(4)”.
In section 155—
in subsection (1) for “section 152(6) or section 153” there is substituted “section 153C(3) or 153D(4)”;
in subsection (3) for “section 152(6) or section 153” there is substituted “section 153C(3) or 153D(4)”.
In section 157—
in subsection (1) for “section 152(6) or section 153” there is substituted “section 153C(3) or 153D(4)”;
in subsection (3) for “section 152(6) or section 153” there is substituted “section 153C(3) or 153D(4)”.
In section 158—
in subsection (1) the entries relating to “child”, “harm”, “health” and “ill-treatment” are omitted;
subsection (2) is omitted.
In the Housing Act 1985 (c. 68) section 82 (which makes provision in relation to security of tenure) is amended as follows—
in subsection (1) for the words from “of the court” to the end of the subsection there is substituted “ mentioned in subsection (1A) ”;
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After section 82 of that Act there is inserted the following section—
Section 83 of that Act is amended as follows—
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in subsection (2)(b) for the words from “an order” to “tenancy” substitute “ the order ”;
after subsection (4) insert—;
in subsection (5) for “or (4)” substitute “ (4) or (4A) ”.
In the Housing Act 1988 (c. 50) after section 6 (which makes provision about fixing the terms of a statutory periodic tenancy) there is inserted the following section—
Schedule 1 amends the Housing Act 1996 (c. 52) and the Housing Act 1985 (c. 68).
In the Housing Act 1988 (c. 50) after section 20A (duty of landlord to provide statement of terms for certain tenancies) there is inserted the following section—
In section 21 of that Act (recovery of possession on expiry or termination of assured shorthold tenancy) after subsection (5) there is inserted the following subsection—
In Schedule 2A to that Act (assured tenancies which are not shorthold tenancies) after paragraph 5 (former secure tenancies) there is inserted the following paragraph—
In the Housing Act 1985 (c. 68) after section 85 (which extends the court’s discretion in certain proceedings for possession) there is inserted the following section—
In the Housing Act 1988 (c. 50) after section 9 (which extends the court’s discretion in certain proceedings for possession) there is inserted the following section—
In Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) references to the following Acts are to be treated as references to those Acts as amended by virtue of this Part—
the Housing Act 1985;
the Housing Act 1988;
the Housing Act 1996 (c. 52).
Section 8 of the Crime and Disorder Act 1998 (c. 37) is amended as follows.
For subsections (4) and (5) substitute—
After subsection (7) insert—
This section applies where a pupil has been excluded on disciplinary grounds from a relevant school for a fixed period or permanently.
This section also applies where a local authority or the governing body of a relevant school have reason to believe that a child who is a registered pupil at a relevant school has engaged in behaviour connected with the school which—
has caused, or is likely to cause—
significant disruption to the education of other pupils, or
significant detriment to the welfare of the child himself or of other pupils or to the health or safety of any staff, or
forms part of a pattern of behaviour which (if continued) will give rise to a risk of future exclusion from the school on disciplinary grounds.
This section also applies where a child of compulsory school age has failed to attend regularly at —
a relevant school at which he is a registered pupil,
any place at which education is provided for him in the circumstances mentioned in subsection (1) or (1A) of section 444ZA of the Education Act 1996, and
any place at which he is required to attend in the circumstances mentioned in subsection (1B) or (2) of that section.
For the purposes of subsection (1A) the child's behaviour is connected with the school to the extent that it consists of—
conduct at the school, or
conduct elsewhere in circumstances in which it would be reasonable for the school to regulate his conduct.
A local authority or the governing body of a relevant school may enter into a parenting contract with a parent of the pupil or child.
A parenting contract is a document which contains—
a statement by the parent that he agrees to comply with such requirements as may be specified in the document for such period as may be so specified, and
a statement by the local authority or governing body that it agrees to provide support to the parent for the purpose of complying with those requirements.
The requirements mentioned in subsection (4) may include (in particular) a requirement to attend a counselling or guidance programme.
The purpose of the requirements mentioned in subsection (4)—
in a case falling within subsection (1) or (1A), is to improve the behaviour of the pupil,
in a case falling within subsection (2), is to ensure that the child attends regularly at the relevant school at which he is a registered pupil.
A parenting contract must be signed by the parent and signed on behalf of the local authority or governing body.
A parenting contract does not create any obligations in respect of whose breach any liability arises in contract or in tort.
local authorities and governing bodies of relevant schools must, in carrying out their functions in relation to parenting contracts, have regard to any guidance which is issued by the appropriate person from time to time for that purpose.
Subsection (2) applies where—
a pupil has been excluded on disciplinary grounds from a relevant school for a fixed period or permanently, and
such conditions as may be prescribed in regulations made by the appropriate person are satisfied.
A relevant body may apply to a magistrates' court for a parenting order in respect of a parent of the pupil.
A relevant body may also apply to a magistrates' court for a parenting order in respect of a pupil at a relevant school if—
it appears to the body making the application that the pupil has engaged in behaviour which would warrant the exclusion of the pupil from the school on disciplinary grounds for a fixed period or permanently, and
such conditions as may be prescribed in regulations made by the appropriate person are satisfied.
If an application is made under subsection (2) or (2A), the court may make a parenting order in respect of a pupil if it is satisfied—
in the case of an application under subsection (2A), that the pupil has engaged in behaviour of the kind mentioned in that subsection, and
in any case, that the making of the order would be desirable in the interests of improving the behaviour of the pupil.
For the purposes of subsection (2A), there are to be disregarded—
any practice restricting the use of exclusion at a particular school, or at schools of a particular description, and
any grounds that might exist for not excluding the pupil, to the extent that those grounds relate to his education or welfare after exclusion.
A parenting order is an order which requires the parent—
to comply, for a period not exceeding twelve months, with such requirements as are specified in the order, and
subject to subsection (5), to attend, for a concurrent period not exceeding three months, such counselling or guidance programme as may be specified in directions given by the responsible officer.
A parenting order under this section may, but need not, include a requirement mentioned in subsection (4)(b) in any case where a parenting order under this section or any other enactment has been made in respect of the parent on a previous occasion.
A counselling or guidance programme which a parent is required to attend by virtue of subsection (4)(b) may be or include a residential course but only if the court is satisfied that the following two conditions are fulfilled.
The first condition is that the attendance of the parent at a residential course is likely to be more effective than his attendance at a non-residential course in improving the behaviour of the pupil.
The second condition is that any interference with family life which is likely to result from the attendance of the parent at a residential course is proportionate in all the circumstances.
In this section “a relevant body” means—
a local authority ,
the governing body of any relevant school in England at which the pupil to whom the application relates is a pupil or from which he has been excluded.
In deciding whether to make a parenting order under section 20, a court must take into account (amongst other things)—
any refusal by the parent to enter into a parenting contract under section 19 in respect of the pupil in a case falling within subsection (1) or (1A) of that section, or
if the parent has entered into such a parenting contract, any failure by the parent to comply with the requirements specified in the contract.
In deciding whether to make a parenting order under section 20, a court must also take into account any failure by the parent without reasonable excuse to attend a reintegration interview under section 102 of the Education and Inspections Act 2006 (reintegration interview in case of fixed period exclusion) when requested to do so in accordance with regulations under that section.
Before making a parenting order under section 20 in the case of a pupil under the age of 16, a court must obtain and consider information about the pupil’s family circumstances and the likely effect of the order on those circumstances.
Subsections (3) to (7) of section 9 of the Crime and Disorder Act 1998 (c. 37) (supplemental provisions about parenting orders) are to apply in relation to a parenting order under section 20 as they apply in relation to a parenting order under section 8 of that Act.
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local authorities ,governing bodies head teachers and responsible officers must, in carrying out their functions in relation to parenting orders, have regard to any guidance which is issued by the appropriate person from time to time for that purpose.
An appeal lies to the Crown Court against the making of a parenting order under section 20.
Subsections (2) and (3) of section 10 of the Crime and Disorder Act 1998 (appeals against parenting orders) are to apply in relation to an appeal under this section as they apply in relation to an appeal under subsection (1)(b) of that section.
The appropriate person may by regulations make further provision about the exercise by local authorities and the governing bodies of relevant schools of their functions relating to—
parenting contracts under section 19, and
parenting orders under section 20.
The provision that may be made under subsection (1) includes—
provision limiting the power of a local authority to enter into a parenting contract, or apply for a parenting order, in prescribed cases where—
the school by reference to which the contract is entered into or the application is made is not in the area of the authority, or
the child by reference to whom the contract is entered into or the application is made does not reside in that area;
provision as to which governing body may apply for a parenting order in cases where a pupil has been admitted to a relevant school after being permanently excluded from another;
provision requiring one local authority or governing body to consult with another before taking any prescribed step;
provision authorising or requiring the provision of information by one local authority or governing body to another;
provision as to how the costs associated with parenting contracts entered into by local authorities or governing bodies of relevant schools or the costs associated with the requirements of parenting orders under section 20 (including in each case the costs of providing counselling or guidance programmes) are to be met.
In subsection (2), “prescribed” means prescribed by regulations made by the appropriate person under subsection (1).
After section 444 of the Education Act 1996 (c. 56) (failure to secure regular attendance at school of registered pupil) insert—
In section 572 of that Act (service of notices and other documents) for “served on any person may be served” substitute “ served on, or given to, any person may be served or given ”.
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In paragraph 1(2) of Schedule 5 to that Act (powers of accredited persons to issue fixed penalty notices) before paragraph (b) insert—.
In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in sub-paragraph (2)(ab), sub-paragraph (1) shall have effect as if for the words from “who he has reason to believe” to the end there were substituted “in the relevant police area who he has reason to believe has committed or is committing a relevant fixed penalty offence”.
In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in paragraph 1(2)(ab), sub-paragraph (1) of this paragraph shall have effect as if for the words “has committed a relevant offence in the relevant police area” there were substituted “in the relevant police area has committed a relevant offence”.
The National Assembly for Wales may by order amend sections 444A and 444B of the Education Act 1996 (c. 56) by removing the words “in England” in each place where they occur.
Where an order is made under subsection (9), any functions of the Secretary of State under sections 444A and 444B of the Education Act 1996 which by virtue of the order become exercisable in relation to Wales are to be treated as if they had been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38).
In this section and sections 19 to 22A—
a head teacher or a person nominated by a head teacher,
“racial group” and “religious group” have the meanings given by section 28(4) and (5) of the Crime and Disorder Act 1998 (c. 37).
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“statutory undertaker” has the meaning given by section 98(6) of the Environmental Protection Act 1990,
“preventative action” has the meaning given by section 69(9);
“remedial action” means action to remedy the adverse effect of the height of the hedge on the complainant’s reasonable enjoyment of the domestic property in respect of which the complaint was made; and
in relation to England, the Secretary of State, and
“the relevant authority” has the meaning given by section 65(5);
the Common Council of the City of London;
“street” has the meaning given by section 48(1) of the New Roads and Street Works Act 1991 (c. 22).
“preventative action” has the meaning given by section 69(9);
“ authorised officer ”, in relation to a local authority, means—
“the relevant authority” has the meaning given by section 65(5);
This section applies where a child or young person has been referred to a youth offending team.
The youth offending team may enter into a parenting contract with a parent of the child or young person if a member of that team has reason to believe that the child or young person has engaged, or is likely to engage, in criminal conduct or anti-social behaviour.
A parenting contract is a document which contains—
a statement by the parent that he agrees to comply with such requirements as may be specified in the document for such period as may be so specified, and
a statement by the youth offending team that it agrees to provide support to the parent for the purpose of complying with those requirements.
The requirements mentioned in subsection (3)(a) may include (in particular) a requirement to attend a counselling or guidance programme.
The purpose of the requirements mentioned in subsection (3)(a) is to prevent the child or young person from engaging in criminal conduct or anti-social behaviour or further criminal conduct or further anti-social behaviour.
A parenting contract must be signed by the parent and signed on behalf of the youth offending team.
A parenting contract does not create any obligations in respect of whose breach any liability arises in contract or in tort.
Youth offending teams must, in carrying out their functions in relation to parenting contracts, have regard to any guidance which is issued by the Secretary of State from time to time for that purpose.
A local authority may enter into a parenting contract with a parent of a child or young person if—
the local authority has reason to believe that the child or young person has engaged, or is likely to engage, in anti-social behaviour, and
the child or young person resides, or appears to reside, in the local authority's area.
A parenting contract is a document which contains—
a statement by the parent that he agrees to comply with such requirements as may be specified in the document for such period as may be so specified, and
a statement by the local authority that it agrees to provide support to the parent for the purpose of complying with those requirements.
The requirements mentioned in subsection (2)(a) may include (in particular) a requirement to attend a counselling or guidance programme.
The purpose of the requirements mentioned in subsection (2)(a) is to prevent the child or young person from engaging in anti-social behaviour or further anti-social behaviour.
A parenting contract must be signed by the parent and signed on behalf of the local authority.
A parenting contract does not create any obligations in respect of whose breach any liability arises in contract or in tort.
In carrying out their functions in relation to parenting contracts—
local authorities in England shall have regard to any guidance which is issued by the Secretary of State from time to time for that purpose;
local authorities in Wales shall have regard to any guidance which is issued by the National Assembly for Wales from time to time for that purpose.
This section applies where a child or young person has been referred to a youth offending team.
A member of the youth offending team may apply to a magistrates' court for a parenting order in respect of a parent of the child or young person.
If such an application is made, the court may make a parenting order in respect of a parent of the child or young person if it is satisfied—
that the child or young person has engaged in criminal conduct or anti-social behaviour, and
that making the order would be desirable in the interests of preventing the child or young person from engaging in further criminal conduct or further anti-social behaviour.
A parenting order is an order which requires the parent—
to comply, for a period not exceeding twelve months, with such requirements as are specified in the order, and
subject to subsection (5), to attend, for a concurrent period not exceeding three months, such counselling or guidance programme as may be specified in directions given by the responsible officer.
A parenting order under this section may, but need not, include a requirement mentioned in subsection (4)(b) in any case where a parenting order under this section or any other enactment has been made in respect of the parent on a previous occasion.
A counselling or guidance programme which a parent is required to attend by virtue of subsection (4)(b) may be or include a residential course but only if the court is satisfied that the following two conditions are fulfilled.
The first condition is that the attendance of the parent at a residential course is likely to be more effective than his attendance at a non-residential course in preventing the child or young person from engaging in further criminal conduct or further anti-social behaviour.
The second condition is that any interference with family life which is likely to result from the attendance of the parent at a residential course is proportionate in all the circumstances.
A person is eligible to be the responsible officer in relation to a parenting order under this section only if he is a member of a youth offending team.
A relevant housing provider may enter into a parenting contract with a parent of a child or young person if—
the relevant housing provider has reason to believe that the child or young person— and
has engaged in anti-social behaviour, or
is likely to engage in such behaviour,
that behaviour directly or indirectly relates to or affects the housing management functions of the relevant housing provider (or, where paragraph (a)(ii) applies, would do so if the behaviour were engaged in).
“Relevant housing provider” means—
a non-profit registered provider of social housing, or
a registered social landlord.
A parenting contract is a document which contains—
a statement by the parent that he agrees to comply with such requirements as may be specified in the document for such period as may be so specified, and
a statement by the relevant housing provider that it agrees to make arrangements for the provision of support to the parent for the purpose of complying with those requirements.
The requirements mentioned in subsection (2)(a) may include (in particular) a requirement to attend a counselling or guidance programme.
The purpose of the requirements mentioned in subsection (2)(a) is to prevent the child or young person from engaging in anti-social behaviour or further anti-social behaviour.
A parenting contract must be signed by the parent and signed on behalf of the relevant housing provider .
A parenting contract does not create any obligations in respect of whose breach any liability arises in contract or in tort.
In carrying out their functions in relation to parenting contracts—
non-profit registered providers of social housing shall have regard to any guidance which is issued by the Secretary of State from time to time for that purpose;
registered social landlords on the register maintained by the National Assembly for Wales shall have regard to any guidance which is issued by the Assembly from time to time for that purpose.
In deciding whether to make a parenting order under section 26, 26A or 26B, a court must take into account (amongst other things)—
any refusal by the parent to enter into a parenting contract under section 25, 25A or 25B in respect of the child or young person, or
if the parent has entered into such a parenting contract, any failure by the parent to comply with the requirements specified in the contract.
Before making a parenting order under section 26, 26A or 26B in the case of a child or a young person under the age of 16, a court must obtain and consider information about the child or young person’s family circumstances and the likely effect of the order on those circumstances.
Subsections (3) to (7) of section 9 of the 1998 Act (supplemental provisions about parenting orders) are to apply in relation to— as they apply in relation to a parenting order under section 8 of that Act.
a parenting order under section 26,
a parenting order under section 26A, or
a parenting order under section 26B,
Proceedings for an offence under section 9(7) of the 1998 Act (parenting orders: breach of requirement etc.) as applied by subsection (3)(b) above may be brought by any of the following local authorities—
the local authority that applied for the order, if the child or young person, or the person alleged to be in breach, resides or appears to reside in that authority's area;
the local authority of the child or young person, if that child or young person does not reside or appear to reside in the area of the local authority that applied for the order;
the local authority of the person alleged to be in breach, if that person does not reside or appear to reside in the area of the local authority that applied for the order.
In carrying out their functions in relation to parenting orders— must have regard to any guidance which is issued by the Secretary of State from time to time for that purpose.
members of youth offending teams,
local authorities in England,
private registered providers of social housing, and
responsible officers in relation to parenting orders made on the application of local authorities in England or of private registered providers of social housing ,
For the purposes of subsection (3A)(b) and (c)—
an individual's local authority is the local authority in whose area the individual resides or appears to reside; but
if the place where an individual resides or appears to reside is within the area of a county council and within the area of a district council, a reference to that individual's local authority is to be read as a reference to either of those authorities.
In carrying out their functions in relation to parenting orders— must have regard to any guidance which is issued by the National Assembly for Wales from time to time for that purpose.
local authorities in Wales,
registered social landlords, and
responsible officers in relation to parenting orders made on the application of local authorities in Wales or of registered social landlords ,
An appeal lies to the Crown Court against the making of a parenting order by a magistrates' court under section 26, 26A or 26B.
An appeal lies to the High Court against the making of a parenting order by the county court under section 26A or 26B.
Subsections (2) and (3) of section 10 of the 1998 Act (appeals against parenting orders) are to apply in relation to an appeal under this section as they apply in relation to an appeal under subsection (1) of that section.
A local authority may apply for a parenting order in respect of a parent of a child or young person if— An application for such an order may be made to a magistrates' court or, where section 26C so allows, to the county court .
the local authority has reason to believe that the child or young person has engaged in anti-social behaviour, and
the child or young person resides, or appears to reside, in the local authority's area.
If such an application is made, the court may make a parenting order in respect of a parent of the child or young person if it is satisfied—
that the child or young person has engaged in anti-social behaviour, and
that making the order would be desirable in the interests of preventing the child or young person from engaging in further anti-social behaviour.
A parenting order is an order which requires the parent—
to comply, for a period not exceeding twelve months, with such requirements as are specified in the order, and
subject to subsection (4), to attend, for a concurrent period not exceeding three months, such counselling or guidance programme as may be specified in directions given by the responsible officer.
A parenting order under this section may, but need not, include a requirement mentioned in subsection (3)(b) in any case where a parenting order under this section or any other enactment has been made in respect of the parent on a previous occasion.
A counselling or guidance programme which a parent is required to attend by virtue of subsection (3)(b) may be or include a residential course but only if the court is satisfied that the following two conditions are fulfilled.
The first condition is that the attendance of the parent at a residential course is likely to be more effective than his attendance at a non-residential course in preventing the child or young person from engaging in further anti-social behaviour.
The second condition is that any interference with family life which is likely to result from the attendance of the parent at a residential course is proportionate in all the circumstances.
A person is eligible to be the responsible officer in relation to a parenting order under this section only if he is— A person may not be nominated under paragraph (b) without his consent.
an officer of the local authority which applied for the order, or
a person nominated by that authority or by a person or body requested by the authority to make a nomination.
In this section and sections 25 to 28—
a London borough council; or
a county council for a county in which there are no districts;
“working day” means a day which is not a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80).
is entitled to receive the rack rent of the land, or
“remedial notice” shall be construed in accordance with section 69(1);
In section 38(4) of the 1998 Act (meaning of “youth justice services”) after paragraph (e) insert—.
A relevant housing provider may apply for a parenting order in respect of a parent of a child or young person if— An application for such an order may be made to a magistrates' court or, where section 26C so allows, to the county court .
the relevant housing provider has reason to believe that the child or young person has engaged in anti-social behaviour, and
the behaviour in question directly or indirectly relates to or affects the housing management functions of the relevant housing provider .
If such an application is made, the court may make a parenting order in respect of a parent of the child or young person if it is satisfied—
that the child or young person has engaged in anti-social behaviour, and
that making the order would be desirable in the interests of preventing the child or young person from engaging in further anti-social behaviour.
A parenting order is an order which requires the parent—
to comply, for a period not exceeding twelve months, with such requirements as are specified in the order, and
subject to subsection (4), to attend, for a concurrent period not exceeding three months, such counselling or guidance programme as may be specified in directions given by the responsible officer.
A parenting order under this section may, but need not, include a requirement mentioned in subsection (3)(b) in any case where a parenting order under this section or any other enactment has been made in respect of the parent on a previous occasion.
A counselling or guidance programme which a parent is required to attend by virtue of subsection (3)(b) may be or include a residential course but only if the court is satisfied that the following two conditions are fulfilled.
The first condition is that the attendance of the parent at a residential course is likely to be more effective than his attendance at a non-residential course in preventing the child or young person from engaging in further anti-social behaviour.
The second condition is that any interference with family life which is likely to result from the attendance of the parent at a residential course is proportionate in all the circumstances.
A relevant housing provider must not make an application under this section without first consulting the local authority (or, if subsection (8A) applies, each local authority) in whose area the child or young person in question resides or appears to reside.
This subsection applies if the place where the child or young person resides or appears to reside is within the area of a county council and within the area of a district council.
A person is eligible to be the responsible officer in relation to a parenting order under this section only if he is— A person may not be nominated under paragraph (b) without his consent.
an officer of the relevant housing provider which applied for the order, or
a person nominated by that relevant housing provider .
In deciding whom to nominate under subsection (9)(b) a relevant housing provider must take into account the views of—
the local authority (or authorities) mentioned in subsection (8), and
such other persons or bodies as the relevant housing provider thinks appropriate.
Where a local authority or relevant housing provider (a “relevant authority”)— it may make such an application to that court in relation to that person.
is a party to proceedings in the county court , and
considers that a party to those proceedings is a person in relation to whom it would be reasonable for it to make an application for a parenting order under section 26A or 26B (a “parenting order application”),
Where— it may apply to be joined to those proceedings to enable it to make a parenting order application.
a relevant authority considers that a party to proceedings in the county court is a person in relation to whom it would be reasonable for it to make a parenting order application, but
the relevant authority is not a party to those proceedings,
Where— the relevant authority may apply for a person who is a parent of the child or young person to be joined to the proceedings to enable it to make a parenting order application in relation to him.
there are proceedings in the county court to which a relevant authority is a party, and
the relevant authority considers that a child or young person has engaged in anti-social behaviour that is material in relation to the proceedings,
A person must not be joined to proceedings in pursuance of subsection (3) unless the anti-social behaviour in question is material in relation to those proceedings.
An order made by— may provide that a local authority may make arrangements with a person who is specified in the order, or is of a description so specified, for the exercise of any function it has under or by virtue of section 25A or 26A.
the Secretary of State as regards local authorities in England, or
the National Assembly for Wales as regards local authorities in Wales,
The order may provide—
that the power of the local authority to make the arrangements is subject to such conditions as are specified in the order;
that the arrangements must be subject to such conditions as are so specified;
that the arrangements may be made subject to such other conditions as the local authority thinks appropriate.
The order may provide that the arrangements may authorise the exercise of the function—
either wholly or to such extent as may be specified in the order or arrangements;
either generally or in such cases or areas as may be so specified.
An order under this section may provide that the person with whom arrangements are made in pursuance of the order is to be treated as if he were a public body for the purposes of section 1 of the Local Authorities (Goods and Services) Act 1970.
The Secretary of State or (as the case may be) the National Assembly for Wales must not make an order under this section without first consulting—
such representatives of local government as appear to be appropriate;
such other persons as appear to be appropriate.
Any arrangements made by a local authority in pursuance of an order under this section do not prevent the local authority from exercising the function to which the arrangements relate.
The following provisions of the Deregulation and Contracting Out Act 1994 apply for the purposes of arrangements made in pursuance of an order under this section as they apply for the purposes of an authorisation to exercise functions by virtue of an order under section 70(2) of that Act—
section 72 (effect of contracting out);
section 73 (termination of contracting out);
section 75 and Schedule 15 (provision relating to disclosure of information);
paragraph 3 of Schedule 16 (authorised persons to be treated as officers of local authority).
For the purposes of subsection (7), any reference in the provisions specified in paragraphs (a) to (d) to a person authorised to exercise a function is to be construed as a reference to a person with whom an arrangement is made for the exercise of the function in pursuance of an order under this section.
Local authorities in England and any person with whom they make arrangements in pursuance of an order under this section must have regard to any guidance issued by the Secretary of State for the purposes of this section.
Local authorities in Wales and any person with whom they make arrangements in pursuance of an order under this section must have regard to any guidance issued by the National Assembly for Wales for the purposes of this section.
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This section applies where a relevant officer has reasonable grounds for believing—
that any members of the public have been intimidated, harassed, alarmed or distressed as a result of the presence or behaviour of groups of two or more persons in public places in any locality in his police area (the “relevant locality”), and
that anti-social behaviour is a significant and persistent problem in the relevant locality.
The relevant officer may give an authorisation that the powers conferred on a constable in uniform by subsections (3) to (6) are to be exercisable for a period specified in the authorisation which does not exceed 6 months.
Subsection (4) applies if a constable in uniform has reasonable grounds for believing that the presence or behaviour of a group of two or more persons in any public place in the relevant locality has resulted, or is likely to result, in any members of the public being intimidated, harassed, alarmed or distressed.
The constable may give one or more of the following directions, namely— but this subsection is subject to subsection (5).
a direction requiring the persons in the group to disperse (either immediately or by such time as he may specify and in such way as he may specify),
a direction requiring any of those persons whose place of residence is not within the relevant locality to leave the relevant locality or any part of the relevant locality (either immediately or by such time as he may specify and in such way as he may specify), and
a direction prohibiting any of those persons whose place of residence is not within the relevant locality from returning to the relevant locality or any part of the relevant locality for such period (not exceeding 24 hours) from the giving of the direction as he may specify;
A direction under subsection (4) may not be given in respect of a group of persons—
who are engaged in conduct which is lawful under section 220 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), or
who are taking part in a public procession of the kind mentioned in section 11(1) of the Public Order Act 1986 (c. 64) in respect of which—
written notice has been given in accordance with section 11 of that Act, or
such notice is not required to be given as provided by subsections (1) and (2) of that section.
If, between the hours of 9pm and 6am, a constable in uniform finds a person in any public place in the relevant locality who he has reasonable grounds for believing— he may remove the person to the person’s place of residence unless he has reasonable grounds for believing that the person would, if removed to that place, be likely to suffer significant harm.
is under the age of 16, and
is not under the effective control of a parent or a responsible person aged 18 or over,
In this section any reference to the presence or behaviour of a group of persons is to be read as including a reference to the presence or behaviour of any one or more of the persons in the group.
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An authorisation—
must be in writing,
must be signed by the relevant officer giving it, and
must specify—
the relevant locality,
the grounds on which the authorisation is given, and
the period during which the powers conferred by section 30(3) to (6) are exercisable.
An authorisation may not be given without the consent of the local authority or each local authority whose area includes the whole or part of the relevant locality.
Publicity must be given to an authorisation by either or both of the following methods—
publishing an authorisation notice in a newspaper circulating in the relevant locality,
posting an authorisation notice in some conspicuous place or places within the relevant locality.
An “authorisation notice” is a notice which—
states the authorisation has been given,
specifies the relevant locality, and
specifies the period during which the powers conferred by section 30(3) to (6) are exercisable.
Subsection (3) must be complied with before the beginning of the period mentioned in subsection (4)(c).
An authorisation may be withdrawn by—
the relevant officer who gave it, or
any other relevant officer whose police area includes the relevant locality and whose rank is the same as or higher than that of the relevant officer mentioned in paragraph (a).
Before the withdrawal of an authorisation, consultation must take place with any local authority whose area includes the whole or part of the relevant locality.
The withdrawal of an authorisation does not affect the exercise of any power pursuant to that authorisation which occurred prior to its withdrawal.
The giving or withdrawal of an authorisation does not prevent the giving of a further authorisation in respect of a locality which includes the whole or any part of the relevant locality to which the earlier authorisation relates.
In this section “authorisation” means an authorisation under section 30.
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A direction under section 30(4)—
may be given orally,
may be given to any person individually or to two or more persons together, and
may be withdrawn or varied by the person who gave it.
A person who knowingly contravenes a direction given to him under section 30(4) commits an offence and is liable on summary conviction to— or to both.
a fine not exceeding level 4 on the standard scale, or
imprisonment for a term not exceeding 3 months,
A constable in uniform may arrest without warrant any person he reasonably suspects has committed an offence under subsection (2).
Where the power under section 30(6) is exercised, any local authority whose area includes the whole or part of the relevant locality must be notified of that fact.
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Part 1 of Schedule 4 to the Police Reform Act 2002 (c. 30) (powers of community support officers) is amended as follows.
In paragraph 2 (power to detain etc) after sub-paragraph (6)(a) insert—.
After paragraph 4 insert—
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The Secretary of State may issue a code of practice about—
the giving or withdrawal of authorisations under section 30, and
the exercise of the powers conferred by section 30(3) to (6).
The Secretary of State may from time to time revise the whole or any part of a code of practice issued under this section.
The Secretary of State must lay any code of practice issued by him under this section, and any revisions of such a code, before Parliament.
In giving or withdrawing an authorisation under section 30, a relevant officer must have regard to any code of practice for the time being in force under this section.
In exercising the powers conferred by section 30(3) to (6), a constable in uniform or community support officer must have regard to any code of practice for the time being in force under this section.
A code of practice under this section may make different provision for different cases.
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For the purposes of the giving of an authorisation under section 30 by a relevant officer who is an officer of the British Transport Police Force, section 30(1) is to have effect as if for “in his police area” there were substituted “which forms part of property in relation to which he has all the powers and privileges of a constable by virtue of section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003”.
Where such an authorisation is given by such an officer, section 31(6)(b) is to have effect as if for “whose police area includes the relevant locality” there were substituted “who is an officer of the British Transport Police Force”.
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a county council for a county in which there are no districts;
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In section 19 of the Firearms Act 1968 (c. 27) (offence to carry firearm in public place) for the words from “a loaded shot gun” to the end of the section substitute—
In Part I of Schedule 6 to that Act (punishment) in the entry relating to section 19—
in the second column (general nature of offence) for “loaded firearm” substitute “ firearm or imitation firearm ”, and
in the third column (mode of prosecution) after “not” insert “ in the case of an imitation firearm or ”.
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The Firearms Act 1968 shall be amended as follows.
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in subsection (4) for “fourteen” substitute “seventeen”, and
omit subsection (5).
In section 23 (the heading to which becomes “Exceptions from s. 22(4)”)—
in subsection (2) omit “or (5)”, and
after subsection (2) insert—
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in paragraph (a) for “fourteen” substitute “seventeen”, and
in paragraph (b) for “that age” substitute “the age of seventeen”.
In Part I of Schedule 6 (punishment)—
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Section 23(4) Person under 17 making improper use of air weapon on private premises. Summary A fine of level 3 on the standard scale. Paragraphs 7 and 8 of Part II of this Schedule apply. and
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In Part II of that Schedule (supplementary)—
in paragraph 7 for “22(4) or (5), 23(1)” substitute “ 22(4), 23(1) or (4) ”, and
in paragraph 8 for “22(3), (4) or (5), 23(1)” substitute “ 22(3) or (4), 23(1) or (4) ”.
The Firearms Act 1968 (c. 27) shall be amended as follows.
In section 1(3)(b) after “air pistol” insert “ which does not fall within section 5(1) and which is ”.
In section 5 (weapons subject to general prohibition) after subsection (1)(ae) insert—.
If at the time when subsection (3) comes into force a person has in his possession an air rifle, air gun or air pistol of the kind described in section 5(1)(af) of the Firearms Act 1968 (inserted by subsection (3) above)—
section 5(1) of that Act shall not prevent the person’s continued possession of the air rifle, air gun or air pistol,
section 1 of that Act shall apply, and
a chief officer of police may not refuse to grant or renew, and may not revoke or partially revoke, a firearm certificate under Part II of that Act on the ground that the person does not have a good reason for having the air rifle, air gun or air pistol in his possession.
But subsection (4)(a) to (c) shall not apply to possession in the circumstances described in section 8 of that Act (authorised dealing).
In section 1 of the Firearms (Amendment) Act 1988 (c. 45)—
in subsection (4), omit the word “or” at the end of paragraph (a) and after paragraph (b) insert—; or , and
after subsection (4) insert—
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The chief executive officer of the relevant local authority may make a closure order in relation to premises to which this section applies if he reasonably believes that—
a public nuisance is being caused by noise coming from the premises, and
the closure of the premises is necessary to prevent that nuisance.
This section applies to premises if—
a premises licence has effect in respect of them, or
a temporary event notice has effect in respect of them.
In this section “closure order” means an order which requires specified premises to be kept closed during a specified period which—
does not exceed 24 hours, and
begins when a manager of the premises receives written notice of the order.
A person commits an offence if without reasonable excuse he permits premises to be open in contravention of a closure order.
A person guilty of an offence under this section shall be liable on summary conviction to—
imprisonment for a term not exceeding three months,
a fine not exceeding £20,000, or
both.
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Where a closure order is made in relation to premises, the chief executive officer of the relevant local authority—
may cancel the closure order by notice in writing to a manager of the premises,
shall cancel the order as soon as is reasonably practicable if he believes that it is no longer necessary in order to prevent a public nuisance being caused by noise coming from the premises, and
shall give notice of the order as soon as is reasonably practicable to the licensing authority for the area in which the premises are situated.
The chief executive officer of a local authority may authorise an environmental health officer of the authority to exercise a power or duty of the chief executive officer under section 40(1) or under subsection (1) above; and—
authority under this subsection may be general or specific, and
a reference in section 40(1) or subsection (1) above to a belief of the chief executive officer includes a reference to a belief of a person authorised under this subsection.
In section 40 and this section—
“authorised officer” means an officer of a local authority who is authorised in writing by the authority for the purpose of giving notices under section 43(1),
The Noise Act 1996 (c. 37) is amended as follows.
For section 1 (sections 2 to 9 only apply to area of local authority if authority have so resolved or an order by Secretary of State so provides) substitute—
For section 2(1) (local authority under duty to investigate complaint of noise from dwelling at night) substitute—
In section 2(7) (power of local authority to act in relation to dwelling within area of other authority) omit the words from “and accordingly” to the end.
In section 9 (section 8: supplementary), for subsection (4) substitute—
In section 11 (interpretation and subordinate legislation), in subsection (3) after “order”, in the first place where it occurs, insert “ or regulations ”.
The reference to the Noise Act 1996 (c. 37) in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) is to be treated as referring to that Act as amended by this section.
Where an authorised officer of a local authority has reason to believe that a person has committed a relevant offence in the area of that authority, he may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a penalty in accordance with the notice.
But an authorised officer may not give a notice under subsection (1) if he considers that the commission of the offence—
in the case of a relevant offence falling within section 44(1)(c), also involves the commission of an offence under section 30 of the Crime and Disorder Act 1998 (c. 37), or
in the case of any other relevant offence, was motivated (wholly or partly) by hostility—
towards a person based upon his membership (or presumed membership) of a racial or religious group, or
towards members of a racial or religious group based on their membership of that group.
In the case of a relevant offence falling within section 44(1)(f), an authorised officer may not give a notice to a person under subsection (1) in relation to the display of an advertisement unless he has reason to believe that that person personally affixed or placed the advertisement to, against or upon the land or object on which the advertisement is or was displayed.
Where a person is given a notice under subsection (1) in respect of an offence—
no proceedings may be instituted for that offence (or any other relevant offence arising out of the same circumstances) before the expiration of the period of fourteen days following the date of the notice, and
he may not be convicted of that offence (or any other relevant offence arising out of the same circumstances) if before the expiration of that period he pays the penalty in accordance with the notice.
A notice under subsection (1) must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence.
A notice under subsection (1) must also state—
the period during which, by virtue of subsection (4), proceedings will not be instituted for the offence,
the amount of the penalty, and
the person to whom and the address at which the penalty may be paid.
Without prejudice to payment by any other method, payment of a penalty in pursuance of a notice under subsection (1) may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (6)(c) at the address so mentioned.
Where a letter is sent in accordance with subsection (7) payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
A notice under subsection (1) must be in such form as the appropriate person may by order prescribe.
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The amount of a penalty payable in pursuance of a notice under section 43(1)—
is the amount specified by a relevant local authority in relation to its area (whether or not the penalty is payable to that or another authority), or
if no amount is so specified, is—
in England, £100, or
in Wales, £75.
In subsection (1)(a), “ relevant local authority ” means—
a district council in England;
a county council in England for an area for which there is no district council;
a London borough council;
the Common Council of the City of London;
the Council of the Isles of Scilly;
a county or county borough council in Wales.
The local authority to which a penalty is payable in pursuance of a notice under section 43(1) may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority.
The appropriate person may by regulations make provision in connection with the powers conferred under subsections (1)(a) and (3).
Regulations under subsection (4) may (in particular)—
require an amount specified under subsection (1)(a) to fall within a range prescribed in the regulations;
restrict the extent to which, and the circumstances in which, a local authority can make provision under subsection (3).
The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (1)(b).
“Relevant offence” means—
an offence under paragraph 10 of section 54 of the Metropolitan Police Act 1839 (c. 47) (affixing posters etc),
an offence under section 20(1) of the London County Council (General Powers) Act 1954 (defacement of streets with slogans etc),
an offence under section 1(1) of the Criminal Damage Act 1971 (c. 48) (damaging property etc) which involves only the painting or writing on, or the soiling, marking or other defacing of, any property by whatever means,
an offence under section 131(2) of the Highways Act 1980 (c. 66) (including that provision as applied by section 27(6) of the Countryside Act 1968 (c. 41)) which involves only an act of obliteration,
an offence under section 132(1) of the Highways Act 1980 (painting or affixing things on structures on the highway etc),
an offence under section 224(3) of the Town and Country Planning Act 1990 (c. 8) (displaying advertisement in contravention of regulations).
This section has effect for the purposes of the interpretation of section 43.
If an authorised officer of a local authority proposes to give a person a notice under section 43(1), the officer may require the person to give him his name and address.
A person commits an offence if—
he fails to give his name and address when required to do so under subsection (1), or
he gives a false or inaccurate name or address in response to a requirement under that subsection.
A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
The fixed penalty payable in pursuance of a notice under section 43(1) is payable to the local authority whose authorised officer gave the notice.
In any proceedings a certificate which— is evidence of the facts stated.
purports to be signed by or on behalf of the person responsible for the financial affairs of a local authority, and
states that payment of a penalty payable in pursuance of a notice under section 43(1) was or was not received by a date specified in the certificate,
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functions under section 43, and
functions of a description specified in regulations made by the appropriate person.
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make provision for what a local authority is to do with its penalty receipts—
pending their being used for the purposes of qualifying functions of the authority;
if they are not so used before such time after their receipt as may be specified by the regulations;
make provision for accounting arrangements in respect of a local authority’s penalty receipts.
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the local authorities to which the regulations are to apply, and
such other persons as the appropriate person considers appropriate.
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at the end of sub-paragraph (2)(c) omit “and”, and
after sub-paragraph (2)(c) insert—.
In paragraph 1 of Schedule 5 to that Act (powers of accredited persons to issue fixed penalty notices)—
at the end of sub-paragraph (2)(b) omit “and”, and
after sub-paragraph (2)(b) insert—.
In this section and sections 43 to 43B and 45—
Section 28(2) of the Crime and Disorder Act 1998 is to apply for the purposes of section 43(2)(b)(i) as it applies for the purposes of section 28(1)(a) of that Act.
The appropriate person may issue guidance—
about the exercise of the discretion to give notices under section 43(1), and
about the giving of such notices.
The appropriate person may by regulations prescribe conditions to be satisfied by a person before a parish or community council may authorise him in writing for the purpose of giving notices under section 43(1).
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This section applies where a local authority is satisfied—
that a relevant surface in an area has been defaced by graffiti, and
that the defacement is detrimental to the amenity of the area or is offensive.
The authority may serve a notice (a “graffiti removal notice”) upon any person who is responsible for the surface imposing the requirement mentioned in subsection (3).
That requirement is a requirement that the defacement be removed, cleared or otherwise remedied within a period specified in the notice being not less than 28 days beginning with the day on which the notice is served.
If the requirement mentioned in subsection (3) is not complied with, the authority or any person authorised by the authority may remove, clear or otherwise remedy the defacement.
In exercising the power under subsection (4) the authority or any person authorised by the authority may enter any land to the extent reasonably necessary for that purpose.
A graffiti removal notice must explain the effect of subsections (4) and (5) and sections 49 and 51.
Subject to subsection (8), section 160 of the Environmental Protection Act 1990 (c. 43) has effect in relation to graffiti removal notices as if they were notices within subsection (2) of that section.
Where after reasonable enquiry a local authority is unable to ascertain the name or proper address of any person who is responsible for a relevant surface, the authority may— and that notice shall be treated as having been served upon a person responsible for the surface.
affix a graffiti removal notice to the surface, and
enter any land to the extent reasonably necessary for that purpose;
In this section a “relevant surface” is any of the following surfaces, whether internal or external or open to the air or not—
the surface of any street or of any building, structure, apparatus, plant or other object in or on any street;
the surface of any land owned, occupied or controlled by a statutory undertaker or of any building, structure, apparatus, plant or other object in or on any such land;
the surface of any land owned, occupied or controlled by an educational institution (including its governing body) or of any building, structure, apparatus, plant or other object in or on any such land.
But a surface is not a relevant surface unless—
in the case of a surface within subsection (9)(a), the street is public land;
in the case of a surface within subsection (9)(b) or (c)—
the land is public land,
the surface is visible from public land, or
the surface is otherwise visible to members of the public using the services or facilities of the statutory undertaker or educational institution in question or any other statutory undertaker or educational institution.
A person is responsible for a relevant surface if—
where it is the surface of any land (including a street), he owns, leases, occupies, controls, operates or maintains the land, and
where it is the surface of any other thing mentioned in subsection (9), he owns, leases, occupies, controls, operates or maintains the thing.
In this section and in sections 49 to 52—
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A local authority may recover from the person on whom a graffiti removal notice was served expenditure reasonably incurred in exercise of the power under section 48(4).
A local authority may not recover expenditure from a person under subsection (1) unless it has served on that person a notice which sets out the amount of, and details of, the expenditure which it proposes to recover.
Section 160 of the Environmental Protection Act 1990 has effect in relation to notices under subsection (2) as if they were notices within subsection (2) of that section.
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The Secretary of State must issue guidance to local authorities in England for the purposes of sections 48 and 49.
The National Assembly for Wales must issue guidance to local authorities in Wales for the purposes of sections 48 and 49.
A local authority must have regard to any guidance issued to it under this section.
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A person on whom a graffiti removal notice is served may, within the period of 21 days beginning with the day on which it is served, appeal against the notice to a magistrates' court on any of the following grounds.
They are—
that the defacement is neither detrimental to the amenity of the area nor offensive,
that there is a material defect or error in, or in connection with, the notice,
that the notice should be served on another person.
Where an appeal under subsection (1) is brought, the graffiti removal notice shall be of no effect pending the final determination or withdrawal of the appeal.
On the determination of such an appeal, the magistrates' court must do one of the following—
quash the notice,
modify the notice,
dismiss the appeal.
Where the court modifies the notice or dismisses the appeal, it may extend the period specified in the notice.
A person on whom a notice under section 49(2) is served may, within the period of 21 days beginning with the day on which it is served, appeal to a magistrates' court on the grounds that the expenditure which the authority is proposing to recover is excessive.
On the determination of an appeal under subsection (6), the magistrates' court must do either of the following—
confirm that the amount which the authority is proposing to recover is reasonable, or
substitute a lower amount as the amount which the authority is entitled to recover.
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None of the persons mentioned in subsection (2) is to have any liability to any person responsible for the relevant surface for damages or otherwise (whether at common law or otherwise) arising out of anything done or omitted to be done in the exercise or purported exercise of—
the power under subsection (4) of section 48 (including as provided for in subsection (5) of that section), or
the power under subsection (8) of that section.
Those persons are—
in the case of the power mentioned in subsection (1)(a)—
the local authority and any employee of the authority, and
any person authorised by the authority under section 48(4) and the employer or any employee of that person, and
in the case of the power mentioned in subsection (1)(b), the local authority and any employee of the authority.
Subsection (1) does not apply—
if the act or omission is shown to have been in bad faith;
to liability arising out of a failure to exercise due care and attention;
so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998 (c. 42).
This section does not affect any other exemption from liability (whether at common law or otherwise).
Section 48(11) is to apply for the purposes of this section as it applies for the purposes of that section.
In section 224(3) of the Town and Country Planning Act 1990 (c. 8) (offence of displaying advertisement in contravention of regulations) for “level 3”, in both places where it occurs, substitute “ level 4 ”.
A person commits an offence if he sells an aerosol paint container to a person under the age of sixteen.
In subsection (1) “aerosol paint container” means a device which—
contains paint stored under pressure, and
is designed to permit the release of the paint as a spray.
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
It is a defence for a person charged with an offence under this section in respect of a sale to prove that—
he took all reasonable steps to determine the purchaser’s age, and
he reasonably believed that the purchaser was not under the age of sixteen.
It is a defence for a person charged with an offence under this section in respect of a sale effected by another person to prove that he (the defendant) took all reasonable steps to avoid the commission of an offence under this section.
It is the duty of every local weights and measures authority—
to consider, at least once in every period of twelve months, the extent to which it is appropriate for the authority to carry out in their area a programme of enforcement action in relation to section 54; and
to the extent that they consider it appropriate to do so, carry out such a programme.
For the purposes of subsection (1), a programme of enforcement action in relation to section 54 is a programme involving all or any of the following—
the bringing of prosecutions in respect of offences under that section;
the investigation of complaints in respect of alleged offences under that section;
the taking of other measures intended to reduce the incidence of offences under that section.
The Control of Pollution (Amendment) Act 1989 (c. 14) is amended in accordance with subsections (2) and (3).
In subsection (1) of section 7 (further enforcement provisions) for “relevant authority” substitute “ waste regulation authority ”.
After subsection (1) of section 9 (interpretation) insert—
After section 59 of the Environmental Protection Act 1990 (c. 43) insert—
In section 71 of the Environmental Protection Act 1990 (c. 43) (obtaining information from persons and authorities), after subsection (3) insert—
Subsection (15) of section 108 of the Environment Act 1995 (c. 25) (powers of enforcing authorities and persons authorised by them) is amended in accordance with subsections (7) to (9).
In the definition of “enforcing authority” after paragraph (b) insert—.
After the definition of “pollution control functions” in relation to the Agency or SEPA insert—.
“waste collection authority” shall be construed in accordance with section 30(3)(a), (b) and (bb) of the Environmental Protection Act 1990.
The reference to the Environmental Protection Act 1990 in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/ 672) is to be treated as referring to that Act as amended by this section.
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The reference to the Environmental Protection Act 1990 (c. 43) in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/ 672) is to be treated as referring to that Act as amended by this section.
In section 16 of the Public Order Act 1986 (c. 64) (which defines “public assembly” for the purposes of the power in section 14 of that Act to impose conditions on public assemblies), in the definition of “public assembly” for “20” substitute “ 2 ”.
Section 63 of the Criminal Justice and Public Order Act 1994 (c. 33) (powers in relation to raves) is amended as follows.
In subsection (1) for “100” substitute “ 20 ”.
After subsection (1) insert—
In subsection (2) omit “in the open air”.
In subsection (7) for “this section” substitute “ subsection (6) above ”.
After subsection (7) insert—
The Criminal Justice and Public Order Act 1994 is amended as follows.
In section 68 (offence of aggravated trespass), in subsection (1) (which defines the offence by reference to trespass on land in the open air and lawful activity on land in the open air) omit “in the open air” in both places where those words appear.
In section 69 (powers to remove persons committing or participating in aggravated trespass), in subsection (1) (which confers the power by reference to trespass on land in the open air) omit “in the open air” in both places where those words appear.
After section 62 of the Criminal Justice and Public Order Act 1994 (c. 33) insert—
After section 62A of the Criminal Justice and Public Order Act 1994 (c. 33) (inserted by section 60) insert—
After section 62B of the Criminal Justice and Public Order Act 1994 (inserted by section 61) insert—
In section 67(1) (retention and charges for seized vehicles) after “section 62(1)” insert “ , 62C(3) ”.
After section 62C of the Criminal Justice and Public Order Act 1994 (c. 33) (inserted by section 62) insert—
After section 62D of the Criminal Justice and Public Order Act 1994 (inserted by section 63) insert—
This Part applies to a complaint which—
is made for the purposes of this Part by an owner or occupier of a domestic property; and
alleges that his reasonable enjoyment of that property is being adversely affected by the height of a high hedge situated on land owned or occupied by another person.
This Part also applies to a complaint which— as it applies to a complaint falling within subsection (1).
is made for the purposes of this Part by an owner of a domestic property that is for the time being unoccupied, and
alleges that the reasonable enjoyment of that property by a prospective occupier of that property would be adversely affected by the height of a high hedge situated on land owned or occupied by another person,
In relation to a complaint falling within subsection (2), references in sections 68 and 69 to the effect of the height of a high hedge on the complainant’s reasonable enjoyment of a domestic property shall be read as references to the effect that it would have on the reasonable enjoyment of that property by a prospective occupier of the property.
This Part does not apply to complaints about the effect of the roots of a high hedge.
In this Part, in relation to a complaint —
a person by whom the complaint is made; or
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the Council of the Isles of Scilly;
a London borough council; or
In this Part “high hedge” means so much of a barrier to light or access as—
is formed wholly or predominantly by a line of two or more evergreens; and
rises to a height of more than two metres above ground level.
For the purposes of subsection (1) a line of evergreens is not to be regarded as forming a barrier to light or access if the existence of gaps significantly affects its overall effect as such a barrier at heights of more than two metres above ground level.
In this section “evergreen” means an evergreen tree or shrub or a semi-evergreen tree or shrub.
In this Part “domestic property” means—
a dwelling; or
a garden or yard which is used and enjoyed wholly or mainly in connection with a dwelling.
In subsection (1) “dwelling” means any building or part of a building occupied, or intended to be occupied, as a separate dwelling.
A reference in this Part to a person’s reasonable enjoyment of domestic property includes a reference to his reasonable enjoyment of a part of the property.
This section has effect where a complaint to which this Part applies—
is made to the relevant authority; and
is accompanied by such fee (if any) as the authority may determine.
If the authority consider— the authority may decide that the complaint should not be proceeded with.
that the complainant has not taken all reasonable steps to resolve the matters complained of without proceeding by way of such a complaint to the authority, or
that the complaint is frivolous or vexatious,
If the authority do not so decide, they must decide—
whether the height of the high hedge specified in the complaint is adversely affecting the complainant’s reasonable enjoyment of the domestic property so specified; and
if so, what action (if any) should be taken in relation to that hedge, in pursuance of a remedial notice under section 69, with a view to remedying the adverse effect or preventing its recurrence.
If the authority decide under subsection (3) that action should be taken as mentioned in paragraph (b) of that subsection, they must as soon as is reasonably practicable—
issue a remedial notice under section 69 implementing their decision;
send a copy of that notice to the following persons, namely—
every complainant; and
every owner and every occupier of the neighbouring land; and
notify each of those persons of the reasons for their decision.
If the authority— they must as soon as is reasonably practicable notify the appropriate person or persons of any such decision and of their reasons for it.
decide that the complaint should not be proceeded with, or
decide either or both of the issues specified in subsection (3) otherwise than in the complainant’s favour,
For the purposes of subsection (5)—
every complainant is an appropriate person in relation to a decision falling within paragraph (a) or (b) of that subsection; and
every owner and every occupier of the neighbouring land is an appropriate person in relation to a decision falling within paragraph (b) of that subsection.
A fee determined under subsection (1)(b) must not exceed the amount prescribed in regulations made—
in relation to complaints relating to hedges situated in England, by the Secretary of State; and
in relation to complaints relating to hedges situated in Wales, by the National Assembly for Wales.
A fee received by a local authority by virtue of subsection (1)(b) may be refunded by them in such circumstances and to such extent as they may determine.
For the purposes of this Part a remedial notice is a notice—
issued by the relevant authority in respect of a complaint to which this Part applies; and
stating the matters mentioned in subsection (2).
Those matters are—
that a complaint has been made to the authority under this Part about a high hedge specified in the notice which is situated on land so specified;
that the authority have decided that the height of that hedge is adversely affecting the complainant’s reasonable enjoyment of the domestic property specified in the notice;
the initial action that must be taken in relation to that hedge before the end of the compliance period;
any preventative action that they consider must be taken in relation to that hedge at times following the end of that period while the hedge remains on the land; and
the consequences under sections 75 and 77 of a failure to comply with the notice.
The action specified in a remedial notice is not to require or involve—
a reduction in the height of the hedge to less than two metres above ground level; or
the removal of the hedge.
A remedial notice shall take effect on its operative date.
“The operative date” of a remedial notice is such date (falling at least 28 days after that on which the notice is issued) as is specified in the notice as the date on which it is to take effect.
“The compliance period” in the case of a remedial notice is such reasonable period as is specified in the notice for the purposes of subsection (2)(c) as the period within which the action so specified is to be taken; and that period shall begin with the operative date of the notice.
Subsections (4) to (6) have effect in relation to a remedial notice subject to—
the exercise of any power of the relevant authority under section 70; and
the operation of sections 71 to 73 in relation to the notice.
While a remedial notice has effect, the notice—
shall be a local land charge; and
shall be binding on every person who is for the time being an owner or occupier of the land specified in the notice as the land where the hedge in question is situated.
In this Part—
“initial action” means remedial action or preventative action, or both;
The relevant authority may—
withdraw a remedial notice issued by them; or
waive or relax a requirement of a remedial notice so issued.
The powers conferred by this section are exercisable both before and after a remedial notice has taken effect.
Where the relevant authority exercise the powers conferred by this section, they must give notice of what they have done to—
every complainant; and
every owner and every occupier of the neighbouring land.
The withdrawal of a remedial notice does not affect the power of the relevant authority to issue a further remedial notice in respect of the same hedge.
Where the relevant authority— each of the persons falling within subsection (2) may appeal to the appeal authority against the issue or withdrawal of the notice or (as the case may be) the waiver or relaxation of its requirements.
issue a remedial notice,
withdraw such a notice, or
waive or relax the requirements of such a notice,
Those persons are—
every person who is a complainant in relation to the complaint by reference to which the notice was given; and
every person who is an owner or occupier of the neighbouring land.
Where the relevant authority decide either or both of the issues specified in section 68(3) otherwise than in the complainant’s favour, the complainant may appeal to the appeal authority against the decision.
An appeal under this section must be made before—
the end of the period of 28 days beginning with the relevant date; or
such later time as the appeal authority may allow.
In subsection (4) “the relevant date”—
in the case of an appeal against the issue of a remedial notice, means the date on which the notice was issued; and
in the case of any other appeal under this section, means the date of the notification given by the relevant authority under section 68 or 70 of the decision in question.
Where an appeal is duly made under subsection (1), the notice or (as the case may be) withdrawal, waiver or relaxation in question shall not have effect pending the final determination or withdrawal of the appeal.
In this Part “the appeal authority” means—
in relation to appeals relating to hedges situated in England, the Secretary of State; and
in relation to appeals relating to hedges situated in Wales, the National Assembly for Wales.
The appeal authority may by regulations make provision with respect to—
the procedure which is to be followed in connection with appeals to that authority under section 71; and
other matters consequential on or connected with such appeals.
Regulations under this section may, in particular, make provision—
specifying the grounds on which appeals may be made;
prescribing the manner in which appeals are to be made;
requiring persons making appeals to send copies of such documents as may be prescribed to such persons as may be prescribed;
requiring local authorities against whose decisions appeals are made to send to the appeal authority such documents as may be prescribed;
specifying, where a local authority are required by virtue of paragraph (d) to send the appeal authority a statement indicating the submissions which they propose to put forward on the appeal, the matters to be included in such a statement;
prescribing the period within which a requirement imposed by the regulations is to be complied with;
enabling such a period to be extended by the appeal authority;
for a decision on an appeal to be binding on persons falling within section 71(2) in addition to the person by whom the appeal was made;
for incidental or ancillary matters, including the awarding of costs.
Where an appeal is made to the appeal authority under section 71 the appeal authority may appoint a person to hear and determine the appeal on its behalf.
The appeal authority may require such a person to exercise on its behalf any functions which— and references to the appeal authority in section 71 or 73 or in any regulations under this section shall be construed accordingly.
are conferred on the appeal authority in connection with such an appeal by section 71 or 73 or by regulations under this section; and
are specified in that person’s appointment;
The appeal authority may pay a person appointed under subsection (3) such remuneration as it may determine.
Regulations under this section may provide for any provision of Schedule 20 to the Environment Act 1995 (c. 25) (delegation of appellate functions) to apply in relation to a person appointed under subsection (3) with such modifications (if any) as may be prescribed.
In this section, “prescribed” means prescribed by regulations made by the appeal authority.
On an appeal under section 71 the appeal authority may allow or dismiss the appeal, either in whole or in part.
Where the appeal authority decides to allow such an appeal to any extent, it may do such of the following as it considers appropriate—
quash a remedial notice or decision to which the appeal relates;
vary the requirements of such a notice; or
in a case where no remedial notice has been issued, issue on behalf of the relevant authority a remedial notice that could have been issued by the relevant authority on the complaint in question.
On an appeal under section 71 relating to a remedial notice, the appeal authority may also correct any defect, error or misdescription in the notice if it is satisfied that the correction will not cause injustice to any person falling within section 71(2).
Once the appeal authority has made its decision on an appeal under section 71, it must, as soon as is reasonably practicable— to every person falling within section 71(2) and to the relevant authority.
give a notification of the decision, and
if the decision is to issue a remedial notice or to vary or correct the requirements of such a notice, send copies of the notice as issued, varied or corrected,
Where, in consequence of the appeal authority’s decision on an appeal, a remedial notice is upheld or varied or corrected, the operative date of the notice shall be—
the date of the appeal authority’s decision; or
such later date as may be specified in its decision.
Where the person making an appeal under section 71 against a remedial notice withdraws his appeal, the operative date of the notice shall be the date on which the appeal is withdrawn.
In any case falling within subsection (5) or (6), the compliance period for the notice shall accordingly run from the date which is its operative date by virtue of that subsection (and any period which may have started to run from a date preceding that on which the appeal was made shall accordingly be disregarded).
Where, under this Part, a complaint has been made or a remedial notice has been issued, a person authorised by the relevant authority may enter the neighbouring land in order to obtain information required by the relevant authority for the purpose of determining—
whether this Part applies to the complaint;
whether to issue or withdraw a remedial notice;
whether to waive or relax a requirement of a remedial notice;
whether a requirement of a remedial notice has been complied with.
Where an appeal has been made under section 71, a person authorised— may enter the neighbouring land in order to obtain information required by the appeal authority, or by the person so appointed, for the purpose of determining an appeal under this Part.
by the appeal authority, or
by a person appointed to determine appeals on its behalf,
A person shall not enter land in the exercise of a power conferred by this section unless at least 24 hours' notice of the intended entry has been given to every occupier of the land.
A person authorised under this section to enter land—
shall, if so required, produce evidence of his authority before entering; and
shall produce such evidence if required to do so at any time while he remains on the land.
A person who enters land in the exercise of a power conferred by this section may—
take with him such other persons as may be necessary;
take with him equipment and materials needed in order to obtain the information required;
take samples of any trees or shrubs that appear to him to form part of a high hedge.
If, in the exercise of a power conferred by this section, a person enters land which is unoccupied or from which all of the persons occupying the land are temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.
A person who intentionally obstructs a person acting in the exercise of the powers under this section is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
Where— every person who, at a relevant time, is an owner or occupier of the neighbouring land is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
a remedial notice requires the taking of any action, and
that action is not taken in accordance with that notice within the compliance period or (as the case may be) by the subsequent time by which it is required to be taken,
In subsection (1) “relevant time”—
in relation to action required to be taken before the end of the compliance period, means a time after the end of that period and before the action is taken; and
in relation to any preventative action which is required to be taken after the end of that period, means a time after that at which the action is required to be taken but before it is taken.
In proceedings against a person for an offence under subsection (1) it shall be a defence for him to show that he did everything he could be expected to do to secure compliance with the notice.
In any such proceedings against a person, it shall also be a defence for him to show, in a case in which he— that he was not aware of the existence of the notice at that time.
is not a person to whom a copy of the remedial notice was sent in accordance with a provision of this Part, and
is not assumed under subsection (5) to have had knowledge of the notice at the time of the alleged offence,
A person shall be assumed to have had knowledge of a remedial notice at any time if at that time—
he was an owner of the neighbouring land; and
the notice was at that time registered as a local land charge.
Section 198 of the Law of Property Act 1925 (c. 20) (constructive notice) shall be disregarded for the purposes of this section.
Where a person is convicted of an offence under subsection (1) and it appears to the court— the court may, in addition to or instead of imposing a punishment, order him to take the steps specified in the order for securing compliance with the notice.
that a failure to comply with the remedial notice is continuing, and
that it is within that person’s power to secure compliance with the notice,
An order under subsection (7) must require those steps to be taken within such reasonable period as may be fixed by the order.
Where a person fails without reasonable excuse to comply with an order under subsection (7) he is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
Where a person continues after conviction of an offence under subsection (9) (or of an offence under this subsection) to fail, without reasonable excuse, to take steps which he has been ordered to take under subsection (7), he is guilty of a further offence and shall be liable, on summary conviction, to a fine not exceeding one-twentieth of that level for each day on which the failure has so continued.
Section 289 of the Public Health Act 1936 (c. 49) (power of court to require occupier to permit work to be done by owner) shall apply with any necessary modifications for the purpose of giving an owner of land to which a remedial notice relates the right, as against all other persons interested in the land, to comply with the notice.
This section applies where—
a remedial notice requires the taking of any action; and
that action is not taken in accordance with that notice within the compliance period or (as the case may be) after the end of that period when it is required to be taken by the notice.
Where this section applies—
a person authorised by the relevant authority may enter the neighbouring land and take the required action; and
the relevant authority may recover any expenses reasonably incurred by that person in doing so from any person who is an owner or occupier of the land.
Expenses recoverable under this section shall be a local land charge and binding on successive owners of the land and on successive occupiers of it.
Where expenses are recoverable under this section from two or more persons, those persons shall be jointly and severally liable for the expenses.
A person shall not enter land in the exercise of a power conferred by this section unless at least 7 days' notice of the intended entry has been given to every occupier of the land.
A person authorised under this section to enter land—
shall, if so required, produce evidence of his authority before entering; and
shall produce such evidence if required to do so at any time while he remains on the land.
A person who enters land in the exercise of a power conferred by this section may—
use a vehicle to enter the land;
take with him such other persons as may be necessary;
take with him equipment and materials needed for the purpose of taking the required action.
If, in the exercise of a power conferred by this section, a person enters land which is unoccupied or from which all of the persons occupying the land are temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.
A person who wilfully obstructs a person acting in the exercise of powers under this section to enter land and take action on that land is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
Where an offence under this Part committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
a director, manager, secretary or other similar officer of the body corporate, or
any person who was purporting to act in any such capacity,
Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
A notification or other document required to be given or sent to a person by virtue of this Part shall be taken to be duly given or sent to him if served in accordance with the following provisions of this section.
Such a document may be served—
by delivering it to the person in question;
by leaving it at his proper address; or
by sending it by post to him at that address.
Such a document may—
in the case of a body corporate, be served on the secretary or clerk of that body;
in the case of a partnership, be served on a partner or a person having the control or management of the partnership business.
For the purposes of this section and of section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, a person’s proper address shall be his last known address, except that—
in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body; and
in the case of a partnership or person having the control or the management of the partnership business, it shall be the principal office of the partnership.
For the purposes of subsection (4) the principal office of— shall be their principal office within the United Kingdom.
a company registered outside the United Kingdom, or
a partnership carrying on business outside the United Kingdom,
If a person has specified an address in the United Kingdom other than his proper address within the meaning of subsection (4) as the one at which he or someone on his behalf will accept documents of a particular description, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address in connection with the service on him of a document of that description.
Where— the document may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.
by virtue of this Part a document is required to be given or sent to a person who is an owner or occupier of any land, and
the name or address of that person cannot be ascertained after reasonable inquiry,
A requirement of this Part— is not capable of being satisfied by transmitting the copy or notification electronically or by making it available on a web-site.
to send a copy of a remedial notice to a person, or
to notify a person under section 68(4) of the reasons for the issue of a remedial notice,
The delivery of any other document to a person (the “recipient”) may be effected for the purposes of section 79(2)(a)— but only if it is transmitted or made available in accordance with subsection (3) or (5).
by transmitting it electronically, or
by making it available on a web-site,
A document is transmitted electronically in accordance with this subsection if—
the recipient has agreed that documents may be delivered to him by being transmitted to an electronic address and in an electronic form specified by him for that purpose; and
the document is a document to which that agreement applies and is transmitted to that address in that form.
A document which is transmitted in accordance with subsection (3) by means of an electronic communications network shall, unless the contrary is proved, be treated as having been delivered at 9 a.m. on the working day immediately following the day on which it is transmitted.
A document is made available on a web-site in accordance with this subsection if—
the recipient has agreed that documents may be delivered to him by being made available on a web-site;
the document is a document to which that agreement applies and is made available on a web-site;
the recipient is notified, in a manner agreed by him, of—
the presence of the document on the web-site;
the address of the web-site; and
the place on the web-site where the document may be accessed.
A document made available on a web-site in accordance with subsection (5) shall, unless the contrary is proved, be treated as having been delivered at 9a.m. on the working day immediately following the day on which the recipient is notified in accordance with subsection (5)(c).
In this section—
Regulations may amend section 80 by modifying the circumstances in which, and the conditions subject to which, the delivery of a document for the purposes of section 79(2)(a) may be effected by—
transmitting the document electronically; or
making the document available on a web-site.
Regulations may also amend section 80 by modifying the day on which and the time at which documents which are transmitted electronically or made available on a web-site in accordance with that section are to be treated as having been delivered.
Regulations under this section may make such consequential amendments of this Part as the person making the regulations considers appropriate.
The power to make such regulations shall be exercisable—
in relation to documents relating to complaints about hedges situated in England, by the Secretary of State; and
in relation to documents relating to complaints about hedges situated in Wales, by the National Assembly for Wales.
In this section “electronically” has the meaning given in section 80.
In this Part—
“remedial action” has the meaning given by section 69(9).
Regulations may do one or both of the following—
amend section 65 for the purpose of extending the scope of complaints relating to high hedges to which this Part applies; and
amend section 66 (definition of “high hedge”).
The power to make such regulations shall be exercisable—
in relation to complaints about hedges situated in England, by the Secretary of State; and
in relation to complaints about hedges situated in Wales, by the National Assembly for Wales.
Regulations under this section may make such consequential amendments of this Part as the person making the regulations considers appropriate.
This Part and any provision made under it bind the Crown.
This section does not impose criminal liability on the Crown.
Subsection (2) does not affect the criminal liability of persons in the service of the Crown.
The Crime and Disorder Act 1998 (c. 37) is amended as follows.
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after paragraph (a) there is inserted—;
after paragraph (c) “or” is omitted;
after paragraph (d) there is inserted or
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after paragraph (a) there is inserted—;
in paragraph (d) after “paragraph (d)” there is inserted “or (e)”.
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In section 9 (which makes supplemental provision about parenting orders) after subsection (1A) there is inserted the following subsection—
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for such period as is specified in the order;
on different days in respect of persons of different ages.
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whether for the same or a different purpose, or
in relation to the same area.
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In section 14A of the Football Spectators Act 1989 (c. 37) after subsection (3) there are inserted the following subsections—
In section 3(2) of the Prosecution of Offences Act 1985 (c. 23) (functions of the Director of Public Prosecutions) after paragraph (f) the word “and” is omitted and there is inserted the following paragraph—.
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The Criminal Justice and Police Act 2001 (c. 16) is amended as follows.
In section 2(1) (penalty notices for disorderly behaviour by persons aged 18 or over) for “18” substitute “16”.
After section 2(5) insert—
After section 3(1) (amount of penalty) insert—
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The Police Reform Act 2002 (c. 30) is amended as follows.
In section 105 (powers of Secretary of State to make orders and regulations) in subsection (3)(b) after “99(6)” insert “ or paragraph 15A(2) of Schedule 4 or paragraph 9A(2) of Schedule 5 ”.
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In paragraph 1(2) of Schedule 5 (powers of accredited persons to issue fixed penalty notices) after paragraph (a) insert—.
After paragraph 8 of that Schedule insert—
After paragraph 9 of that Schedule insert—
After section 23A of the Children and Young Persons Act 1969 (c. 54) there is inserted—.
This section applies to proceedings in which a local authority is a party by virtue of section 222 of the Local Government Act 1972 (c. 70) (power of local authority to bring, defend or appear in proceedings for the promotion or protection of the interests of inhabitants of their area).
If the court grants an injunction which prohibits conduct which is capable of causing nuisance or annoyance to a person it may, if subsection (3) below applies, attach a power of arrest to any provision of the injunction.
This subsection applies if the local authority applies to the court to attach the power of arrest and the court thinks that either—
the conduct mentioned in subsection (2) consists of or includes the use or threatened use of violence, or
there is a significant risk of harm to the person mentioned in that subsection.
Harm includes serious ill-treatment or abuse (whether physical or not).
Local authority has the same meaning as in section 222 of the Local Government Act 1972.
Schedule 3 contains repeals.
Except as provided in subsections (2) and (3), the preceding provisions of this Act (other than subsections (9) to (11) of section 85) come into force in accordance with provision made by the Secretary of State by order.
Part 2 and sections 19 to 22, 24, 40 to 45, 47 to 52, 55, 56 and 91—
so far as relating to England, come into force in accordance with provision made by the Secretary of State by order;
so far as relating to Wales, come into force in accordance with provision made by the National Assembly for Wales by order.
Part 8 comes into force—
in relation to complaints about hedges situated in England, in accordance with provision made by the Secretary of State by order;
in relation to complaints about hedges situated in Wales, in accordance with provision made by the National Assembly for Wales by order.
References in this section to subordinate legislation are to—
an order of the Secretary of State or the National Assembly for Wales under this Act;
regulations under this Act.
Subordinate legislation—
may make different provision for different purposes, different cases and different areas;
may include incidental, supplemental, consequential, saving or transitional provisions (including provisions applying, with or without modification, provision contained in an enactment).
A power to make subordinate legislation is exercisable by statutory instrument.
A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if it contains subordinate legislation made by the Secretary of State other than—
regulations under section 81 or 83; or
an order under section 93.
No regulations shall be made by the Secretary of State under section 81 or 83 (whether alone or with other provisions) unless a draft of the statutory instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
Parts 1 to 4 and 6 to 9 extend to England and Wales only.
Part 5 and this Part do not extend to Northern Ireland.
This Act may be cited as the Anti-social Behaviour Act 2003.
Section 14
In the Housing Act 1996 (c. 52) after section 143 the following sections are inserted as Chapter 1A of Part 5—
The Housing Act 1985 (c. 68) is amended as follows. In section 105 (requirement to consult secure tenants on certain housing management matters) after subsection (6) there is inserted the following subsection— In section 171B (extent of preserved right to buy) after subsection (1) there is inserted the following subsection— In Schedule 1 (tenancies which are not secure tenancies) after paragraph 1A (introductory tenancies) there is inserted the following paragraph— In Schedule 4 (qualifying period for right to buy and discount) after paragraph 9 (the tenant condition) there is inserted the following paragraph—
Section 88
“the neighbouring land” has the meaning given by section 65(5);
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Section 92 Short title and chapter Extent of repeal Firearms Act 1968 (c. 27) Section 22(5). In section 23(2) the words “or (5)”. In Part 1 of Schedule 6, the entry relating to section 22(5). Prosecution of Offences Act 1985 (c. 23) In section 3(2), the word “and” after paragraph (f). Firearms (Amendment) Act 1988 (c. 45) In section 1(4), the word “or” at the end of paragraph (a). Criminal Justice and Public Order Act 1994 (c. 33) In section 63(2), “in the open air”. In section 68(1), “in the open air” in both places. In section 69(1), “in the open air” in both places. Noise Act 1996 (c. 37) In section 2(7) the words from “and accordingly” to the end. Housing Act 1996 (c. 52) Sections 152 and 153. In section 158— in subsection (1), the entries relating to “child”, “harm”, “health” and “ill-treatment”; subsection (2). Crime and Disorder Act 1998 (c. 37) In section 1(1A), the word “or” after paragraph (c). Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) Section 37(4). In Schedule 6— in paragraph 3(2), the words “and paragraph 4 below” and paragraph (e), and paragraph 4. In Schedule 7, paragraph 5(3)(b) and the word “or” immediately preceding it. Police Reform Act 2002 (c. 30) In Schedule 4, the word “and” at the end of paragraph 1(2)(c). In Schedule 5, the word “and” at the end of paragraph 1(2)(b).