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(a) the express terms of the demoted tenancy; | |
(b) the provisions of this Chapter; | |
(c) the provisions of sections 11 to 16 of the Landlord and Tenant | |
Act 1985 (landlord’s repairing obligations). | |
(3) The landlord must ensure that information published under | 5 |
subsection (2) is, so far as is reasonably practicable, kept up to date. | |
(4) The landlord must supply the tenant with— | |
(a) a copy of the information published under subsection (2); | |
(b) a written statement of the terms of the tenancy, so far as they | |
are neither expressed in the lease or written tenancy | 10 |
agreement (if any) nor implied by law. | |
(5) The statement required by subsection (4)(b) must be supplied on the | |
grant of the tenancy or as soon as practicable afterwards. | |
Supplementary | |
143N Jurisdiction of county court | 15 |
(1) A county court has jurisdiction— | |
(a) to determine questions arising under this Chapter; | |
(b) to entertain proceedings brought under this Chapter; | |
(c) to determine claims (for whatever amount) in connection | |
with a demoted tenancy. | 20 |
(2) The jurisdiction includes jurisdiction to entertain proceedings as to | |
whether a statement supplied in pursuance of section 143M(4)(b) | |
(written statement of certain terms of tenancy) is accurate. | |
(3) For the purposes of subsection (2) it is immaterial that no relief other | |
than a declaration is sought. | 25 |
(4) If a person takes proceedings in the High Court which, by virtue of | |
this section, he could have taken in the county court he is not entitled | |
to recover any costs. | |
(5) The Lord Chancellor may make such rules and give such directions | |
as he thinks fit for the purposes of giving effect to this section. | 30 |
(6) The rules and directions may provide— | |
(a) for the exercise by a district judge of a county court of any | |
jurisdiction exercisable under this section; | |
(b) for the conduct of proceedings in private. | |
(7) The power to make rules must be exercised by statutory instrument | 35 |
subject to annulment in pursuance of a resolution of either House of | |
Parliament. | |
143O Meaning of dwelling house | |
(1) For the purposes of this Chapter a dwelling-house may be a house or | |
a part of a house. | 40 |
(2) Land let together with a dwelling-house must be treated for the | |
purposes of this Chapter as part of the dwelling-house unless the | |
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land is agricultural land which would not be treated as part of a | |
dwelling-house for the purposes of Part 4 of the Housing Act 1985. | |
143P Members of a person’s family | |
(1) For the purposes of this Chapter a person is a member of another’s | |
family if— | 5 |
(a) he is the spouse of that person; | |
(b) he and that person live together as a couple in an enduring | |
family relationship, but he does not fall within paragraph (c); | |
(c) he is that person’s parent, grandparent, child, grandchild, | |
brother, sister, uncle, aunt, nephew or niece. | 10 |
(2) For the purposes of subsection (1)(b) it is immaterial that two persons | |
living together in an enduring family relationship are of the same | |
sex. | |
(3) For the purposes of subsection (1)(c)— | |
(a) a relationship by marriage must be treated as a relationship | 15 |
by blood; | |
(b) a relationship of the half-blood must be treated as a | |
relationship of the whole blood; | |
(c) a stepchild of a person must be treated as his child.” | |
2 (1) The Housing Act 1985 (c. 68) is amended as follows. | 20 |
(2) In section 105 (requirement to consult secure tenants on certain housing | |
management matters) after subsection (6) there is inserted the following | |
subsection— | |
“(7) For the purposes of this section— | |
(a) secure tenants include demoted tenants within the meaning | 25 |
of section 143A of the Housing Act 1996; | |
(b) secure tenancies include demoted tenancies within the | |
meaning of that section.” | |
(3) In Schedule 1 (tenancies which are not secure tenancies) after paragraph 1A | |
(introductory tenancies) there is inserted the following paragraph— | 30 |
“1B A tenancy is not a secure tenancy if it is a demoted tenancy within | |
the meaning of section 143A of the Housing Act 1996.” | |
(4) In Schedule 4 (qualifying period for right to buy and discount) after | |
paragraph 9 (the tenant condition) there is inserted the following | |
paragraph— | 35 |
“9A The tenant condition is not met during any period when a tenancy | |
is a demoted tenancy by virtue of section 143A of the Housing Act | |
1996.” | |
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Schedule 2 | |
Section 40 | |
Curfew orders and supervision orders | |
Interpretation | |
1 In this Schedule “the 2000 Act” means the Powers of Criminal Courts | |
(Sentencing) Act 2000 (c. 6). | 5 |
Curfew orders | |
2 (1) Section 37 of the 2000 Act (curfew orders) is amended as follows. | |
(2) Subsection (4) (which limits to three months the duration of a curfew order | |
made in respect of a person aged under 16 on conviction) is omitted. | |
(3) For subsection (12) there is substituted— | 10 |
“(12) In this Act, “responsible officer”, in relation to an offender subject to | |
a curfew order, means— | |
(a) where the offender is also subject to a supervision order, the | |
person who is the supervisor in relation to the supervision | |
order, and | 15 |
(b) in any other case, the person who is responsible for | |
monitoring the offender’s whereabouts during the curfew | |
periods specified in the order.” | |
Supervision orders | |
3 After section 64 of the 2000 Act there is inserted— | 20 |
“64A Supervision orders and curfew orders | |
Nothing in this Chapter prevents a court which makes a supervision | |
order in respect of an offender from also making a curfew order in | |
respect of him.” | |
4 (1) Schedule 6 to the 2000 Act (requirements which may be included in | 25 |
supervision orders) is amended as follows. | |
(2) In paragraph 2(5) (total number of days during which offender may be | |
required to comply with directions of supervisor not to exceed 90), for “90” | |
there is substituted “180”. | |
(3) In paragraph 3 (requirements as to activities, reparation, night restrictions | 30 |
etc)— | |
(a) sub-paragraph (2)(e) (night restriction) is omitted, and | |
(b) in sub-paragraph (3) (total number of days in respect of which an | |
offender may be subject to requirements imposed by virtue of any of | |
sub-paragraph (2)(a) to (e) not to exceed 90)— | 35 |
(i) for the words “, (d) or (e)” there is substituted “or (d)”, and | |
(ii) for “90” there is substituted “180”. | |
(4) Paragraph 4 (night restrictions) is omitted. | |
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(5) After paragraph 5 there is inserted— | |
“Requirement to live for specified period with local authority foster parent | |
5A (1) Where the conditions mentioned in sub-paragraph (2) below are | |
satisfied, a supervision order may impose a requirement (“a foster | |
parent residence requirement”) that the offender shall live for a | 5 |
specified period with a local authority foster parent. | |
(2) The conditions are that— | |
(a) the offence is punishable with imprisonment in the case of | |
an offender aged 18 or over; | |
(b) the offence, or the combination of the offence and one or | 10 |
more offences associated with it, was so serious that a | |
custodial sentence would normally be appropriate (or, | |
where the offender is aged 10 or 11, would normally be | |
appropriate if the offender were aged 12 or over); and | |
(c) the court is satisfied that— | 15 |
(i) the behaviour which constituted the offence was | |
due to a significant extent to the circumstances in | |
which the offender was living, and | |
(ii) the imposition of a foster parent residence | |
requirement will assist in his rehabilitation. | 20 |
(3) A foster parent residence requirement shall designate the local | |
authority who are to place the offender with a local authority | |
foster parent under section 23(2)(a) of the Children Act 1989, and | |
that authority shall be the authority in whose area the offender | |
resides. | 25 |
(4) A court shall not impose a foster parent residence requirement | |
unless— | |
(a) the court has been notified by the Secretary of State that | |
arrangements for implementing such a requirement are | |
available in the area of the designated authority; | 30 |
(b) the notice has not been withdrawn; and | |
(c) the court has consulted the designated authority. | |
(5) Subject to paragraph 5(2A) of Schedule 7 to this Act, the maximum | |
period which may be specified in a foster parent residence | |
requirement is twelve months. | 35 |
(6) A court shall not impose a foster parent residence requirement in | |
respect of an offender who is not legally represented at the | |
relevant time in that court unless— | |
(a) he was granted a right to representation funded by the | |
Legal Services Commission as part of the Criminal Defence | 40 |
Service for the purposes of the proceedings but the right | |
was withdrawn because of his conduct; or | |
(b) he has been informed of his right to apply for such | |
representation for the purposes of the proceedings and has | |
had opportunity to do so, but nevertheless refused or | 45 |
failed to apply. | |
(7) In sub-paragraph (6) above— | |
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(a) “the relevant time” means the time when the court is | |
considering whether or not to impose the requirement, | |
and | |
(b) “the proceedings” means— | |
(i) the whole proceedings, or | 5 |
(ii) the part of the proceedings relating to the | |
imposition of the requirement. | |
(8) A supervision order imposing a foster parent residence | |
requirement may also impose any of the requirements mentioned | |
in paragraphs 2, 3, 6 and 7 of this Schedule. | 10 |
(9) If at any time while a supervision order imposing a foster parent | |
residence requirement is in force, the supervisor notifies the | |
offender— | |
(a) that no suitable local authority foster parent is available, | |
and | 15 |
(b) that the supervisor has applied or proposes to apply under | |
paragraph 5 of Schedule 7 for the variation or revocation of | |
the order, | |
the foster parent residence requirement shall, until the | |
determination of the application, be taken to require the offender | 20 |
to live in local authority accommodation (as defined by section 163 | |
of this Act). | |
(10) This paragraph does not affect the power of a local authority to | |
place with a local authority foster parent an offender to whom a | |
local authority residence requirement under paragraph 5 above | 25 |
relates. | |
(11) In this paragraph “local authority foster parent” has the same | |
meaning as in the Children Act 1989.” | |
Consequential amendments | |
5 In section 21 of the Children Act 1989 (c. 41) (provision of accommodation | 30 |
for children in police protection or detention or on remand, etc.) in | |
subsection (2)(c)(ii) after “2000” there is inserted “or a foster parent residence | |
requirement under paragraph 5A of that Schedule”. | |
6 (1) Schedule 7 to the 2000 Act (breach, revocation and amendment of | |
supervision orders) is amended as follows. | 35 |
(2) In paragraph 2 (breach of requirement of supervision order)— | |
(a) in sub-paragraph (1), after “5” there is inserted “,5A”, | |
(b) in sub-paragraph (2)(a)(ii) after “subject to” there is inserted “sub- | |
paragraph (2A) below and”, and | |
(c) after sub-paragraph (2) there is inserted— | 40 |
“(2A) The court may not make a curfew order under sub- | |
paragraph (2)(a)(ii) above in respect of an offender who is | |
already subject to a curfew order.” | |
(3) In paragraph 5 (revocation and amendment of supervision order)— | |
(a) after sub-paragraph (2) there is inserted— | 45 |
“(2A) In relation to a supervision order imposing a foster parent | |
residence requirement under paragraph 5A of Schedule 6 | |
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to this Act, the power conferred by sub-paragraph (1)(b)(ii) | |
above includes power to extend the period specified in the | |
requirement to a period of not more than 18 months | |
beginning with the day on which the requirement first had | |
effect.”, and | 5 |
(b) sub-paragraph (3)(b) and the word “or” immediately preceding it are | |
omitted. | |
Schedule 3 | |
Section 66 | |
Repeals | |
| | Short title and chapter | Extent of repeal | | 10 | | | 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 | In section 3(2), the word “and” after paragraph | | 15 | | | 1985 (c. 23) | (f). | | | | | Firearms (Amendment) Act | In section 1(4), the word “or” at the end of | | | | | 1988 (c. 45) | paragraph (a). | | | | | Criminal Justice and Public | In section 68(1), “in the open air” in both places. | | | | | | In section 69(1), “in the open air” in both places. | | 20 | | | 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— | | | | | | (a) in subsection (1), the entries relating to | | 25 | | | | “child”, “harm”, “health” and “ill-treatment”; | | | | | | (b) subsection (2). | | | | | Crime and Disorder Act 1998 | In section 1(1A), the word “or” after paragraph | | | | | (c. 37) | (c). | | | | | Powers of Criminal Courts | Section 37(4). | | 30 | | | (Sentencing) Act 2000 (c. 6) | In Schedule 6— | | | | | | (a) in paragraph 3(2), the words “and | | | | | | paragraph 4 below” and paragraph (e), and | | | | | | (b) paragraph 4. | | | | | | In Schedule 7, paragraph 5(3)(b) and the word | | 35 | | | | “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). | | 40 |
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