|
| |
| |
(2) A Class A controlled drug is a controlled drug which is a Class A drug within | |
the meaning of section 2 of that Act. | |
(3) Premises includes— | |
(a) any land or other place (whether enclosed or not); | |
(b) any outbuildings which are or are used as part of the premises. | 5 |
(4) A closure notice is a notice issued under section 1. | |
(5) A closure order is— | |
(a) an order made under section 2; | |
(b) an order extended under section 5; | |
(c) an order made or extended under section 6 which has the like effect as | 10 |
an order made or extended under section 2 or 5 (as the case may be). | |
(6) Each of the following is a local authority in relation to England— | |
(a) a district council; | |
(b) a London borough council; | |
(c) a county council for an area for which there is no district council; | 15 |
(d) the Common Council of the City of London in its capacity as a local | |
authority; | |
(e) the Council of the Isles of Scilly. | |
(7) Each of the following is a local authority in relation to Wales— | |
(a) a county council; | 20 |
(b) a county borough council. | |
(8) References to a local authority are to the local authority for the area in which | |
premises— | |
(a) to which a closure notice applies are situated; | |
(b) in respect of which a closure order has effect are situated. | 25 |
(9) Closed premises are premises in respect of which a closure order has effect. | |
(10) A person is the owner of premises if either of the following paragraphs applies | |
to him— | |
(a) 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 | 30 |
in possession or in reversion; | |
(b) 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. | |
(11) This section applies for the purposes of this Part. | 35 |
Part 2 | |
Housing | |
12 Anti-social behaviour: landlords’ policies and procedures | |
(1) 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 | 40 |
| |
| |
|
| |
| |
inserted the following section— | |
“218A Anti-social behaviour: landlords’ policies and procedures | |
(1) This section applies to the following landlords— | |
(a) a local housing authority; | |
(b) a housing action trust; | 5 |
(c) a registered social landlord. | |
(2) The landlord must prepare— | |
(a) a policy in relation to anti-social behaviour; | |
(b) procedures for dealing with occurrences of anti-social | |
behaviour. | 10 |
(3) The landlord must not later than 6 months after the commencement of | |
section 12 of the Anti-social Behaviour Act 2003 publish a statement of | |
the policy and procedures prepared under subsection (2). | |
(4) The landlord must from time to time keep the policy and procedures | |
under review and, when it thinks appropriate, publish a revised | 15 |
statement. | |
(5) A copy of a statement published under subsection (3) or (4)— | |
(a) must be available for inspection at all reasonable hours at the | |
landlord’s principal office; | |
(b) must be provided on payment of a reasonable fee to any person | 20 |
who requests it. | |
(6) The landlord must also— | |
(a) prepare a summary of its current policy and procedures; | |
(b) provide without charge a copy of the summary to any person | |
who requests it. | 25 |
(7) In preparing and reviewing the policy and procedures the landlord | |
must have regard to guidance issued— | |
(a) by the Secretary of State in the case of a local housing authority | |
or a housing action trust; | |
(b) by the Relevant Authority under section 36 in the case of a | 30 |
registered social landlord. | |
(8) Anti-social behaviour is any conduct to which section 153A or 153B | |
applies. | |
(9) Relevant Authority has the same meaning as in Part 1.” | |
(2) In section 36(2) of that Act (functions of the Housing Corporation relating to | 35 |
guidance and corresponding functions relating to Wales) after paragraph (h) | |
there is inserted the following paragraph— | |
“(i) the policy and procedures a landlord is required under section | |
218A to prepare and from time to time revise in connection with | |
anti-social behaviour.” | 40 |
13 Injunctions against anti-social behaviour on application of certain social | |
landlords | |
(1) The Housing Act 1996 (c. 52) is amended as follows. | |
| |
| |
|
| |
| |
(2) 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. | |
(3) Before section 154 (power of arrest in ex parte applications) there are inserted | |
the following sections— | 5 |
“153A Anti-social behaviour injunction | |
(1) This section applies to conduct— | |
(a) which is capable of causing nuisance or annoyance to any | |
person, and | |
(b) which directly or indirectly relates to or affects the housing | 10 |
management functions of a relevant landlord. | |
(2) The court on the application of a relevant landlord may grant an | |
injunction (an anti-social behaviour injunction) if each of the following | |
two conditions is satisfied. | |
(3) The first condition is that the person against whom the injunction is | 15 |
sought is engaging, has engaged or threatens to engage in conduct to | |
which this section applies. | |
(4) The second condition is that the conduct is capable of causing nuisance | |
or annoyance to any of the following— | |
(a) a person residing in housing accommodation owned or | 20 |
managed by the relevant landlord; | |
(b) a person visiting the housing accommodation or otherwise | |
engaged in lawful activity in or in the locality of the housing | |
accommodation; | |
(c) a person employed (whether or not by the relevant landlord) in | 25 |
connection with the exercise of the relevant landlord’s housing | |
management functions. | |
(5) It is immaterial where conduct to which this section applies occurs. | |
(6) An anti-social behaviour injunction prohibits the person in respect of | |
whom it is granted from engaging in conduct to which this section | 30 |
applies. | |
153B Injunction against unlawful use of premises | |
(1) This section applies to conduct which consists of or involves using or | |
threatening to use housing accommodation owned or managed by a | |
relevant landlord for an unlawful purpose. | 35 |
(2) The court on the application of the relevant landlord may grant an | |
injunction prohibiting the person in respect of whom the injunction is | |
granted from engaging in conduct to which this section applies. | |
153C Injunctions: exclusion order and power of arrest | |
(1) This section applies if the court grants an injunction under subsection | 40 |
(2) of section 153A or 153B and it thinks that either of the following | |
paragraphs applies— | |
(a) the conduct consists of or includes the use or threatened use of | |
violence; | |
| |
| |
|
| |
| |
(b) there is a significant risk of harm to a person mentioned in | |
section 153A(4). | |
(2) The court may include in the injunction a provision prohibiting the | |
person in respect of whom it is granted from entering or being in— | |
(a) any premises specified in the injunction; | 5 |
(b) any area specified in the injunction. | |
(3) The court may attach a power of arrest to any provision of the | |
injunction. | |
153D Injunction against breach of tenancy agreement | |
(1) This section applies if a relevant landlord applies for an injunction | 10 |
against a tenant in respect of the breach or anticipated breach of a | |
tenancy agreement on the grounds that the tenant— | |
(a) is engaging or threatening to engage in conduct that is capable | |
of causing nuisance or annoyance to any person, or | |
(b) is allowing, inciting or encouraging any other person to engage | 15 |
or threaten to engage in such conduct. | |
(2) The court may proceed under subsection (3) or (4) if it is satisfied— | |
(a) that the conduct includes the use or threatened use of violence, | |
or | |
(b) that there is a significant risk of harm to any person. | 20 |
(3) The court may include in the injunction a provision prohibiting the | |
person in respect of whom it is granted from entering or being in— | |
(a) any premises specified in the injunction; | |
(b) any area specified in the injunction. | |
(4) The court may attach a power of arrest to any provision of the | 25 |
injunction. | |
(5) Tenancy agreement includes any agreement for the occupation of | |
residential accommodation owned or managed by a relevant landlord. | |
153E Injunctions: supplementary | |
(1) This section applies for the purposes of sections 153A to 153D. | 30 |
(2) An injunction may— | |
(a) be made for a specified period or until varied or discharged; | |
(b) have the effect of excluding a person from his normal place of | |
residence. | |
(3) An injunction may be varied or discharged by the court on an | 35 |
application by— | |
(a) the person in respect of whom it is made; | |
(b) the relevant landlord. | |
(4) If the court thinks it just and convenient it may grant or vary an | |
injunction without the respondent having been given such notice as is | 40 |
otherwise required by rules of court. | |
(5) If the court acts under subsection (4) it must give the person against | |
whom the injunction is made an opportunity to make representations | |
in relation to the injunction as soon as it is practicable for him to do so. | |
| |
| |
|
| |
| |
(6) The court is the High Court or a county court. | |
(7) Each of the following is a relevant landlord— | |
(a) a housing action trust; | |
(b) a local authority (within the meaning of the Housing Act 1985); | |
(c) a registered social landlord. | 5 |
(8) A charitable housing trust which is not a registered social landlord is | |
also a relevant landlord for the purposes of section 153D. | |
(9) Housing accommodation includes— | |
(a) flats, lodging-houses and hostels; | |
(b) any yard, garden, outhouses and appurtenances belonging to | 10 |
the accommodation or usually enjoyed with it. | |
(10) A landlord owns housing accommodation if either of the following | |
paragraphs applies to him— | |
(a) 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 | 15 |
premises, whether in possession or in reversion; | |
(b) 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. | |
(11) The housing management functions of a relevant landlord include— | 20 |
(a) functions conferred by or under any enactment; | |
(b) the powers and duties of the landlord as the holder of an estate | |
or interest in housing accommodation. | |
(12) Harm includes serious ill-treatment or abuse (whether physical or | |
not).” | 25 |
(4) In section 154— | |
(a) in subsection (1) for “section 152(6) or section 153” there is substituted | |
“section 153C(3) or 153D(4)”; | |
(b) in subsection (1)(b) for “152(1)(a) or section 153(5)(a)” there is | |
substituted “section 153A(4)”. | 30 |
(5) In section 155— | |
(a) in subsection (1) for “section 152(6) or section 153” there is substituted | |
“section 153C(3) or 153D(4)”; | |
(b) in subsection (3) for “section 152(6) or section 153” there is substituted | |
“section 153C(3) or 153D(4)”. | 35 |
(6) In section 157— | |
(a) in subsection (1) for “section 152(6) or section 153” there is substituted | |
“section 153C(3) or 153D(4)”; | |
(b) in subsection (3) for “section 152(6) or section 153” there is substituted | |
“section 153C(3) or 153D(4)”. | 40 |
(7) In section 158— | |
(a) in subsection (1) the entries relating to “child”, “harm”, “health” and | |
“ill-treatment” are omitted; | |
(b) subsection (2) is omitted. | |
| |
| |
|
