UKPGA-2014-12 Anti-social Behaviour, Crime and Policing Act 2014 UK

A court may grant an injunction under this section against a person aged 10 or over (“the respondent”) if two conditions are met.

The first condition is that the court is satisfied, on the balance of probabilities, that the respondent has engaged or threatens to engage in anti-social behaviour.

The second condition is that the court considers it just and convenient to grant the injunction for the purpose of preventing the respondent from engaging in anti-social behaviour.

An injunction under this section may for the purpose of preventing the respondent from engaging in anti-social behaviour—

Prohibitions and requirements in an injunction under this section must, so far as practicable, be such as to avoid—

An injunction under this section must—In the case of an injunction granted before the respondent has reached the age of 18, a period must be specified and it must be no more than 12 months.

An injunction under this section may specify periods for which particular prohibitions or requirements have effect.

An application for an injunction under this section must be made to—Paragraph (b) is subject to any rules of court made under section 18(2).

In this Part “anti-social behaviour” means—

Subsection (1)(b) applies only where the injunction under section 1 is applied for by—

In subsection (1)(c) “housing-related” means directly or indirectly relating to the housing management functions of—

For the purposes of subsection (3) the housing management functions of a housing provider or a local authority include—

An injunction under section 1 that includes a requirement must specify the person who is to be responsible for supervising compliance with the requirement. The person may be an individual or an organisation.

Before including a requirement, the court must receive evidence about its suitability and enforceability from—

Before including two or more requirements, the court must consider their compatibility with each other.

It is the duty of a person specified under subsection (1)—

In subsection (4)(c) “the appropriate chief officer of police” means—

A respondent subject to a requirement included in an injunction under section 1 must—These obligations have effect as requirements of the injunction.

A court granting an injunction under section 1 may attach a power of arrest to a prohibition or requirement of the injunction if the court thinks that—“Requirement” here does not include one that has the effect of requiring the respondent to participate in particular activities.

If the court attaches a power of arrest, the injunction may specify a period for which the power is to have effect which is shorter than that of the prohibition or requirement to which it relates.

An injunction under section 1 may be granted only on the application of—

In subsection (1) “security management functions” means—

A housing provider may make an application only if the application concerns anti-social behaviour that directly or indirectly relates to or affects its housing management functions.

For the purposes of subsection (3) the housing management functions of a housing provider include—

The Secretary of State may by order—

An application for an injunction under section 1 may be made without notice being given to the respondent.

If an application is made without notice the court must either—

This section applies where the court adjourns the hearing of an application (whether made with notice or without) for an injunction under section 1.

The court may grant an injunction under that section lasting until the final hearing of the application or until further order (an “interim injunction”) if the court thinks it just to do so.

An interim injunction made at a hearing of which the respondent was not given notice may not have the effect of requiring the respondent to participate in particular activities.

Subject to that, the court has the same powers (including powers under section 4) whether or not the injunction is an interim injunction.

The court may vary or discharge an injunction under section 1 on the application of—

In subsection (1) “the court” means—

The power to vary an injunction includes power—

If an application under this section is dismissed, the party by which the dismissed application was made may make no further application under this section without—

Section 3 applies to additional requirements included under subsection (3)(a) above as it applies to requirements included in a new injunction.

Where a power of arrest is attached to a provision of an injunction under section 1, a constable may arrest the respondent without warrant if he or she has reasonable cause to suspect that the respondent is in breach of the provision.

A constable who arrests a person under subsection (1) must inform the person who applied for the injunction.

A person arrested under subsection (1) must, within the period of 24 hours beginning with the time of the arrest, be brought before—

In calculating when the period of 24 hours ends, Christmas Day, Good Friday and any Sunday are to be disregarded.

The judge before whom a person is brought under subsection (3)(a) or (b) may remand the person if the matter is not disposed of straight away.

The justice of the peace before whom a person is brought under subsection (3)(c) must remand the person to appear before the youth court that granted the injunction.

If the person who applied for an injunction under section 1 thinks that the respondent is in breach of any of its provisions, the person may apply for the issue of a warrant for the respondent's arrest.

The application must be made to—

A judge or justice may issue a warrant under this section only if the judge or justice has reasonable grounds for believing that the respondent is in breach of a provision of the injunction.

A warrant issued by a judge of the High Court must require the respondent to be brought before that court.

A warrant issued by a judge of the county court must require the respondent to be brought before that court.

A warrant issued by a justice of the peace must require the respondent to be brought before—

A constable who arrests a person under a warrant issued under this section must inform the person who applied for the injunction.

If the respondent is brought before a court by virtue of a warrant under this section but the matter is not disposed of straight away, the court may remand the respondent.

An injunction under section 1 may have the effect of excluding the respondent from the place where he or she normally lives (“the premises”) only if—

For the purposes of this section a housing provider owns a place if—

A person applying for an injunction under section 1 must before doing so—This subsection does not apply to a without-notice application.

Where the court adjourns a without-notice application, before the date of the first on-notice hearing the applicant must—

A person applying for variation or discharge of an injunction under section 1 granted on that person's application must before doing so—

In this section—“local youth offending team” means—the youth offending team in whose area it appears to the applicant that the respondent lives, or if it appears to the applicant that the respondent lives in more than one such area, whichever one or more of the relevant youth offending teams the applicant thinks it appropriate to consult;“on-notice hearing” means a hearing of which notice has been given to the applicant and the respondent in accordance with rules of court;“without-notice application” means an application made without notice under section 6.

An appeal lies to the Crown Court against a decision of a youth court made under this Part.

On an appeal under this section the Crown Court may make—

An order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by the youth court) is to be treated for the purposes of section 8 as an order of the youth court.

Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in the case of vulnerable and intimidated witnesses) applies to proceedings under this Part as it applies to criminal proceedings, but with—

The provisions are—

Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act apply to proceedings under this Part—

Section 47 of that Act (restrictions on reporting special measures directions etc) applies with any necessary modifications—Sections 49 and 51 of that Act (offences) apply accordingly.

Rules of court may provide that an appeal from a decision of the High Court, the county court or a youth court—may be made without notice being given to the respondent.

Rules of court may provide for a youth court to give permission for an application for an injunction under section 1 against a person aged 18 or over to be made to the youth court if—

In relation to a respondent attaining the age of 18 after proceedings under this Part have begun, rules of court may—

The Secretary of State may issue guidance to persons entitled to apply for injunctions under section 1 (see section 5) about the exercise of their functions under this Part.

The Secretary of State may revise any guidance issued under this section.

The Secretary of State must arrange for any guidance issued or revised under this section to be published.

In this Part—“anti-social behaviour” has the meaning given by section 2;“harm” includes serious ill-treatment or abuse, whether physical or not;“housing accommodation” includes—flats, lodging-houses and hostels; any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it; any common areas used in connection with the accommodation;“housing provider” means—a housing trust, within the meaning given by section 2 of the Housing Associations Act 1985, that is a charity; in relation to England, a housing action trust established under section 62 of the Housing Act 1988; in relation to England, a non-profit private registered provider of social housing; in relation to Wales, a Welsh body registered as a social landlord under section 3 of the Housing Act 1996; any body (other than a local authority or a body within paragraphs (a) to (d)) that is a landlord under a secure tenancy within the meaning given by section 79 of the Housing Act 1985;“local authority” means—in relation to England, a district council, a county council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly; in relation to Wales, a county council or a county borough council;“respondent” has the meaning given by section 1(1).

A person's age is treated for the purposes of this Part as being that which it appears to the court to be after considering any available evidence.

In this section “existing order” means any of the following injunctions and orders—

The repeal or amendment by this Act of provisions about any of the existing orders specified in subsection (1)(a) to (d), (f) and (g) does not apply in relation to—

The repeal or amendment by this Act of provisions about an order specified in subsection (1)(e) does not apply in relation to—

As from the commencement day there may be no variation of an existing order that extends the period of the order or of any of its provisions.

At the end of the period of 5 years beginning with the commencement day—

The provisions referred to in subsection (5)(b) are—

In deciding whether to grant an injunction under section 1 a court may take account of conduct occurring up to 6 months before the commencement day.

In this section “commencement day” means the day on which this Part comes into force.

A police officer of at least the rank of inspector may authorise the use in a specified locality, during a specified period of not more than 48 hours, of the powers given by section 35.“Specified” means specified in the authorisation.

An officer may give such an authorisation only if satisfied on reasonable grounds that the use of those powers in the locality during that period may be necessary for the purpose of removing or reducing the likelihood of—

In deciding whether to give such an authorisation an officer must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the Convention.“Convention” has the meaning given by section 21(1) of the Human Rights Act 1998.

An authorisation under this section—

If the conditions in subsections (2) and (3) are met and an authorisation is in force under section 34, a constable in uniform may direct a person who is in a public place in the locality specified in the authorisation—

The first condition is that the constable has reasonable grounds to suspect that the behaviour of the person in the locality has contributed or is likely to contribute to—

The second condition is that the constable considers that giving a direction to the person is necessary for the purpose of removing or reducing the likelihood of the events mentioned in subsection (2)(a) or (b).

The exclusion period may not exceed 48 hours. The period may expire after (as long as it begins during) the period specified in the authorisation under section 34.

A direction under this section—

The constable must (unless it is not reasonably practicable) tell the person to whom the direction is given that failing without reasonable excuse to comply with the direction is an offence.

If the constable reasonably believes that the person to whom the direction is given is under the age of 16, the constable may remove the person to a place where the person lives or a place of safety.

Any constable may withdraw or vary a direction under this section; but a variation must not extend the duration of a direction beyond 48 hours from when it was first given.

Notice of a withdrawal or variation of a direction—

In this section “public place” means a place to which at the material time the public or a section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission.

In this Part “exclusion period” has the meaning given by subsection (1)(b).

A constable may not give a direction under section 35 to a person who appears to the constable to be under the age of 10.

A constable may not give a direction under section 35 that prevents the person to whom it is given having access to a place where the person lives.

A constable may not give a direction under section 35 that prevents the person to whom it is given attending at a place which the person is—at a time when the person is required or expected (as the case may be) to attend there.

A constable may not give a direction to a person under section 35 if the person is one of a group of persons who are—

In deciding whether to give a direction under section 35 a constable must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the Convention.“Convention” has the meaning given by section 21(1) of the Human Rights Act 1998.

A constable who gives a person a direction under section 35 may also direct the person to surrender to the constable any item in the person's possession or control that the constable reasonably believes has been used or is likely to be used in behaviour that harasses, alarms or distresses members of the public.

A direction under this section must be given in writing, unless that is not reasonably practicable.

A constable who gives a person a direction under this section must (unless it is not reasonably practicable)—

The surrendered item must not be returned to the person before the end of the exclusion period.

If after the end of that period the person asks for the item to be returned, it must be returned (unless there is power to retain it under another enactment).

But if it appears to a constable that the person is under the age of 16 and is not accompanied by a parent or other responsible adult, the item may be retained until the person is so accompanied.

If the person has not asked for the return of the item before the end of the period of 28 days beginning with the day on which the direction was given, the item may be destroyed or otherwise disposed of.

A constable who gives a direction under section 35 must make a record of—

A constable who withdraws or varies a direction under section 35 must make a record of—

A constable who gives a direction under section 37 must make a record of—

A person given a direction under section 35 who fails without reasonable excuse to comply with it commits an offence.

A person guilty of an offence under subsection (1) is liable on summary conviction—

A person given a direction under section 37 who fails without reasonable excuse to comply with it commits an offence.

A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

The Secretary of State may issue guidance to chief officers of police about the exercise, by officers under their direction or control, of those officers' functions under this Part.

The Secretary of State may revise any guidance issued under this section.

The Secretary of State must arrange for any guidance issued or revised under this section to be published.

The repeal by this Act of Part 4 of the Anti-social Behaviour Act 2003, and the repeal or amendment by this Act of provisions related to that Part, do not apply in relation to—

The repeal by this Act of section 27 of the Violent Crime Reduction Act 2006, and the repeal or amendment by this Act of provisions related to that section, do not apply in relation to—

In this section “commencement day” means the day on which this Part comes into force.

An authorised person may issue a community protection notice to an individual aged 16 or over, or a body, if satisfied on reasonable grounds that—

In subsection (1) “authorised person” means a person on whom section 53 (or an enactment amended by that section) confers power to issue community protection notices.

A community protection notice is a notice that imposes any of the following requirements on the individual or body issued with it—

The only requirements that may be imposed are ones that are reasonable to impose in order—

A person (A) may issue a community protection notice to an individual or body (B) only if—

A person issuing a community protection notice must before doing so inform any body or individual the person thinks appropriate.

A community protection notice must—

A community protection notice may specify periods within which, or times by which, requirements within subsection (3)(b) or (c) are to be complied with.

Conduct on, or affecting, premises (other than premises within subsection (2)) that a particular person—is treated for the purposes of section 43 as conduct of that person.

Conduct on, or affecting, premises occupied for the purposes of a government department is treated for the purposes of section 43 as conduct of the Minister in charge of that department.

This section does not treat an individual's conduct as that of another person if that person cannot reasonably be expected to control or affect it.

This section applies where—

The authorised person may—

The community protection notice is treated as having been issued to the occupier of the premises (or, if the premises are unoccupied, the owner) at the time the notice is posted.

In this section “authorised person” has the same meaning as in section 43(1).

A person issued with a community protection notice may appeal to a magistrates' court against the notice on any of the following grounds.

An appeal must be made within the period of 21 days beginning with the day on which the person is issued with the notice.

While an appeal against a community protection notice is in progress—For this purpose an appeal is “in progress” until it is finally determined or is withdrawn.

A magistrates' court hearing an appeal against a community protection notice must—

Where a person issued with a community protection notice (“the defaulter”) fails to comply with a requirement of the notice, the relevant local authority may take action under subsection (2) or subsection (3) (or both).

The relevant local authority may have work carried out to ensure that the failure is remedied, but only on land that is open to the air.

As regards premises other than land open to the air, if the relevant local authority issues the defaulter with a notice—the authority may have the work carried out if the necessary consent is given.

In subsection (3) “the necessary consent” means the consent of—Paragraph (b) does not apply where the relevant authority has made reasonable efforts to contact the owner of the premises but without success.

A person authorised by a local authority to carry out work under this section may enter any premises to the extent reasonably necessary for that purpose, except that a person who is only authorised to carry out work under subsection (2) may only enter land that is open to the air.

If work is carried out under subsection (2) or (3) and the relevant local authority issues a notice to the defaulter—the defaulter is liable to the authority for that amount (subject to the outcome of any appeal under subsection (7)).

A person issued with a notice under subsection (6) may appeal to a magistrates' court, within the period of 21 days beginning with the day on which the notice was issued, on the ground that the amount specified under subsection (6)(b) is excessive.

A magistrates' court hearing an appeal under subsection (7) must—

In this section “the relevant local authority” means—

A person issued with a community protection notice who fails to comply with it commits an offence.

A person guilty of an offence under this section is liable on summary conviction—

A person does not commit an offence under this section if—

A court before which a person is convicted of an offence under section 48 in respect of a community protection notice may make whatever order the court thinks appropriate for ensuring that what the notice requires to be done is done.

An order under this section may in particular require the defendant—

To be specified under subsection (2)(b) a local authority must be—

A requirement imposed under subsection (2)(b) does not authorise the person carrying out the work to enter the defendant's home without the defendant's consent. But this does not prevent a defendant who fails to give that consent from being in breach of the court's order.

In subsection (4) “the defendant's home” means the house, flat, vehicle or other accommodation where the defendant—

If work is carried out under subsection (2)(b) and the local authority specified under that subsection issues a notice to the defaulter—the defaulter is liable to the authority for that amount (subject to the outcome of any appeal under subsection (7)).

A person issued with a notice under subsection (6) may appeal to a magistrates' court, within the period of 21 days beginning with the day on which the notice was issued, on the ground that the amount specified under subsection (6)(b) is excessive.

A magistrates' court hearing an appeal under subsection (7) must—

A court before which a person is convicted of an offence under section 48 may order the forfeiture of any item that was used in the commission of the offence.

An order under this section may require a person in possession of the item to hand it over as soon as reasonably practicable—

An order under this section may require the item—

Where an item ordered to be forfeited under this section is kept by or handed over to a constable, the police force of which the constable is a member must ensure that arrangements are made for its destruction or disposal, either—

Where an item ordered to be forfeited under this section is kept by or handed over to a person within subsection (2)(b), the local authority by whom the person is employed or was designated must ensure that arrangements are made for its destruction or disposal, either—

If a justice of the peace is satisfied on information on oath that there are reasonable grounds for suspecting—the justice may issue a warrant authorising any constable or designated person to enter the premises within 14 days from the date of issue of the warrant to seize the item.

In this section “designated person” means a person designated by a local authority under section 53(1)(c).

A constable or designated person may use reasonable force, if necessary, in executing a warrant under this section.

A constable or designated person who has seized an item under a warrant under this section—

In subsection (4) “relevant criminal proceedings” means proceedings for an offence under section 48 in the commission of which the item is alleged to have been used.

An authorised person may issue a fixed penalty notice to anyone who that person has reason to believe has committed an offence under section 48.

In subsection (1) “authorised person” means a person on whom section 53 (or an enactment amended by that section) confers power to issue fixed penalty notices under this section.

A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to a local authority specified in the notice.

The local authority specified under subsection (3) must be—

Where a person is issued with a notice under this section in respect of an offence—

A fixed penalty notice must—

An amount specified under subsection (6)(c) must not be more than £100.

A fixed penalty notice may specify two amounts under subsection (6)(c) and specify that, if the lower of those amounts is paid within a specified period (of less than 14 days), that is the amount of the fixed penalty.

Whatever other method may be specified under subsection (6)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under subsection (6)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

Where a letter is sent as mentioned in subsection (9), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

In any proceedings, a certificate that—is evidence of the facts stated.

In this section “chief finance officer”, in relation to a local authority, means the person with responsibility for the authority's financial affairs.

A community protection notice or a fixed penalty notice may be issued by—

For a community protection notice, “the relevant local authority” means the local authority (or, as the case may be, any of the local authorities) within whose area the conduct specified in the notice has, according to the notice, been taking place.

For a fixed penalty notice, “the relevant local authority” means the local authority (or, as the case may be, any of the local authorities) within whose area the offence in question is alleged to have taken place.

Only a person of a description specified in an order made by the Secretary of State for the purposes of subsection (1)(c) may be designated under that subsection.

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A local authority exercising or purporting to exercise a power under section 47(2) is not liable to an occupier or owner of land 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 that power.

A person carrying out work under section 47(2), or a person by or on whose behalf work is carried out under section 49(2)(b), is not liable to an occupier or owner of land for damages or otherwise (whether at common law or otherwise) arising out of anything done or omitted to be done in carrying out that work.

Subsections (1) and (2) do not apply—

Subsections (1) and (2) do not apply 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.

This section does not affect any other exemption from liability (whether at common law or otherwise).

A notice under this Chapter may be issued to a person by—

A notice under this Chapter to a body corporate may be issued to the secretary or clerk of that body.

A notice under this Chapter to a partnership may be issued to a partner or a person who has the control or management of the partnership business.

For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of a person is the person's last known address, except that—

For the purposes of subsection (4) the principal office of a company registered outside the United Kingdom, or of a partnership carrying on business outside the United Kingdom, is its principal office within the United Kingdom.

If a person has specified an address in the United Kingdom, other than the person's proper address within the meaning of subsection (4), as the one at which the person or someone on the person's behalf will accept notices of the same description as a notice under this Chapter, that address is also treated for the purposes of this section and section 7 of the Interpretation Act 1978 as the person's proper address.

The Secretary of State may issue—

The Secretary of State may revise any guidance issued under this section.

The Secretary of State must arrange for any guidance issued or revised under this section to be published.

The repeal or amendment by this Act of provisions about any of the notices specified in subsection (2) does not apply in relation to—

The notices are—

A community protection notice that contains no requirement that could not have been contained in one of the notices specified in subsection (2) may be issued in respect of conduct before the commencement day.

Subsection (3) applies only during the period of 3 months beginning with the commencement day.

In this section “commencement day” means the day on which this Chapter comes into force.

A local authority may make a public spaces protection order if satisfied on reasonable grounds that two conditions are met.

The first condition is that—

The second condition is that the effect, or likely effect, of the activities—

A public spaces protection order is an order that identifies the public place referred to in subsection (2) (“the restricted area”) and—

The only prohibitions or requirements that may be imposed are ones that are reasonable to impose in order—

A prohibition or requirement may be framed—

A public spaces protection order must—

A public spaces protection order must be published in accordance with regulations made by the Secretary of State.

A local authority may make an expedited public spaces protection order (an “expedited order”) in relation to a public place within the local authority’s area if satisfied on reasonable grounds that three conditions are met.

The first condition is that the public place is in the vicinity of—The reference in paragraph (b)(i) to arrangements includes arrangements made by the NHS body in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006.

The second condition is that activities carried on, or likely to be carried on, in the public place by one or more individuals in the course of a protest or demonstration have had, or are likely to have, the effect of—

The third condition is that the effect or likely effect mentioned in subsection(3)—

An expedited order is an order that identifies the public place referred to in subsection(1)(“the restricted area”) and—

The only prohibitions or requirements that may be imposed are ones that are reasonable to impose in order—

A prohibition or requirement may be framed—

An expedited order must—

An expedited order may not be made in relation to a public place if that place (or any part of it) is or has been the subject of an expedited order (“the earlier order”), unless the period specified in subsection(11) has expired.

In subsection(9) the second reference to “an expedited order” is to be read as including a reference to a public spaces protection order (made after the day on which this section comes into force) which neither prohibited nor required anything that could not have been prohibited or required by an expedited order.

The period specified in this subsection is the period of a year beginning with the day on which the earlier order ceased to have effect.

An expedited order must be published in accordance with regulations made by the Secretary of State.

For the purposes of subsection(2), a public place that is coextensive with, includes, or is wholly or partly within, a school or site is regarded as being “in the vicinity of” that school or site.

In this section references to a “school” are to be read as including a 16 to 19 Academy.

In this section “test and trace services” means—

A public spaces protection order may not have effect for a period of more than 3 years, unless extended under this section.

Before the time when a public spaces protection order is due to expire, the local authority that made the order may extend the period for which it has effect if satisfied on reasonable grounds that doing so is necessary to prevent—

An extension under this section—

A public spaces protection order may be extended under this section more than once.

An expedited order may not have effect for a period of more than 6 months.

Subject to subsection(1), the local authority that made an expedited order may, before the time when the order is due to expire, extend the period for which the order has effect if satisfied on reasonable grounds that doing so is necessary to prevent—

Where a local authority has made an expedited order, the authority may, at any time before the order is due to expire, reduce the period for which the order is to have effect if satisfied on reasonable grounds that the reduced period will be sufficient having regard to the degree of risk of an occurrence, recurrence or increase such as is mentioned in subsection(2)(a) or (b).

An extension or reduction under this section of the period for which an order has effect must be published in accordance with regulations made by the Secretary of State.

An expedited order may be extended or reduced under this section more than once.

Where a public spaces protection order or expedited order is in force, the local authority that made the order may vary it—

A local authority may under subsection (1)(a) make a variation to a public spaces protection order that results in the order applying to an area to which it did not previously apply only if the conditions in section 59(2) and (3) are met as regards activities in that area.

A local authority may under subsection (1)(a) make a variation to an expedited order that results in the order applying to an area to which it did not previously apply only if the conditions in section 59A(2) to (4) are met as regards that area.

A local authority may make a variation under subsection (1)(b) that makes a prohibition or requirement more extensive, or adds a new one, only if the prohibitions and requirements imposed by the order as varied are ones that section 59(5) or 59A(6) (as the case may be) allows to be imposed.

A public spaces protection order or expedited order may be discharged by the local authority that made it.

Where an order is varied, the order as varied must be published in accordance with regulations made by the Secretary of State.

Where an order is discharged, a notice identifying the order and stating the date when it ceases to have effect must be published in accordance with regulations made by the Secretary of State.

A prohibition in a public spaces protection order or expedited order on consuming alcohol does not apply to—

A prohibition in a public spaces protection order or an expedited order on consuming alcohol does not apply to council-operated licensed premises—

In this section—“club premises certificate” has the meaning given by section 60 of the Licensing Act 2003;“premises licence” has the meaning given by section 11 of that Act;“supply of alcohol” has the meaning given by section 14 of that Act.

For the purposes of this section, premises are “council-operated licensed premises” if they are authorised by a premises licence to be used for the supply of alcohol and—

This section applies where a constable or an authorised person reasonably believes that a person (P)—In this section “authorised person” means a person authorised for the purposes of this section by the local authority that made the ... order (or authorised by virtue of section 69(1)).

The constable or authorised person may require P—

A constable or an authorised person who imposes a requirement under subsection (2) must tell P that failing without reasonable excuse to comply with the requirement is an offence.

A requirement imposed by an authorised person under subsection (2) is not valid if the person—

A constable or an authorised person may dispose of anything surrendered under subsection (2)(b) in whatever way he or she thinks appropriate.

A person who fails without reasonable excuse to comply with a requirement imposed on him or her under subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

A local authority may not make a public spaces protection order or expedited order that restricts the public right of way over a highway without considering—

Before making a public spaces protection order that restricts the public right of way over a highway, a local authority must take the prior consultation steps (see subsection (2)).

A local authority may not make an expedited order that restricts the public right of way over a highway unless it—

To take the “prior consultation steps” in relation to an order means to—In this subsection “potentially affected persons” means occupiers of premises adjacent to or adjoining the highway, and any other persons in the locality who are likely to be affected by the proposed order.

To take the “subsequent consultation steps” in relation to an expedited order means to—The definition of “potentially affected persons” in subsection (2) applies to this subsection as if the reference there to “the proposed order” were to “the order”.

Before a local authority makes a public spaces protection order restricting the public right of way over a highway that is also within the area of another local authority, it must consult that other authority if it thinks it appropriate to do so.

Where a local authority proposes to make an expedited order restricting the public right of way over a highway that is also within the area of another local authority it must, if it thinks appropriate to do so, consult that other authority before, or as soon as reasonably practicable after, making the order.

A public spaces protection order or expedited order may not restrict the public right of way over a highway for the occupiers of premises adjoining or adjacent to the highway.

A public spaces protection order or expedited order may not restrict the public right of way over a highway that is the only or principal means of access to a dwelling.

In relation to a highway that is the only or principal means of access to premises used for business or recreational purposes, a public spaces protection order or expedited order may not restrict the public right of way over the highway during periods when the premises are normally used for those purposes.

A public spaces protection order or expedited order that restricts the public right of way over a highway may authorise the installation, operation and maintenance of a barrier or barriers for enforcing the restriction.

A local authority may install, operate and maintain barriers authorised under subsection (7).

A highway over which the public right of way is restricted by a public spaces protection order or expedited order does not cease to be regarded as a highway by reason of the restriction (or by reason of any barrier authorised under subsection (7)).

In this section—“dwelling” means a building or part of a building occupied, or intended to be occupied, as a separate dwelling;“highway” has the meaning given by section 328 of the Highways Act 1980.

A public spaces protection order or an expedited order may not restrict the public right of way over a highway that is—

In this section—“classified road”, “special road” and “trunk road” have the meaning given by section 329(1) of the Highways Act 1980;“highway” has the meaning given by section 328 of that Act;“principal road” has the meaning given by section 12 of that Act (and see section 13 of that Act);“strategic road” has the meaning given by section 60(4) of the Traffic Management Act 2004.

An interested person may apply to the High Court to question the validity of—“Interested person” means an individual who lives in the restricted area or who regularly works in or visits that area.

The grounds on which an application under this section may be made are—

An application under this section must be made within the period of 6 weeks beginning with the date on which the order or variation is made.

On an application under this section the High Court may by order suspend the operation of the order or variation, or any of the prohibitions or requirements imposed by the order (or by the order as varied), until the final determination of the proceedings.

If on an application under this section the High Court is satisfied that—the Court may quash the order or variation, or any of the prohibitions or requirements imposed by the order (or by the order as varied).

A public spaces protection order or an expedited order, or any of the prohibitions or requirements imposed by the order (or by the order as varied), may be suspended under subsection (4) or quashed under subsection (5)—

An interested person may not challenge the validity of a public spaces protection order or an expedited order, or of a variation of such an order, in any legal proceedings (either before or after it is made) except—

It is an offence for a person without reasonable excuse—

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

A person does not commit an offence under this section by failing to comply with a prohibition or requirement that the local authority did not have power to include in the public spaces protection order or expedited order.

Consuming alcohol in breach of a public spaces protection order or an expedited order is not an offence under this section (but see section 63).

A constable or an authorised person may issue a fixed penalty notice to anyone he or she has reason to believe has committed an offence under section 63 or 67 in relation to a public spaces protection order or an expedited order.

A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to a local authority specified in the notice.

The local authority specified under subsection (2) must be the one that made the public spaces protection order or expedited order.

Where a person is issued with a notice under this section in respect of an offence—

A fixed penalty notice must—

An amount specified under subsection (5)(c) must not be more than £100.

A fixed penalty notice may specify two amounts under subsection (5)(c) and specify that, if the lower of those amounts is paid within a specified period (of less than 14 days), that is the amount of the fixed penalty.

Whatever other method may be specified under subsection (5)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under subsection (5)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

Where a letter is sent as mentioned in subsection (8), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

In any proceedings, a certificate that—is evidence of the facts stated.

In this section—“authorised person” means a person authorised for the purposes of this section by the local authority that made the order (or authorised by virtue of section 69(2));“chief finance officer”, in relation to a local authority, means the person with responsibility for the authority's financial affairs.

The Secretary of State may by order—

This Chapter has effect as if—But references in the rest of this section to a local authority are to a local authority that is not a designated person.

The only prohibitions or requirements that may be imposed in a public spaces protection order or an expedited order made by a designated person are ones that it has power to impose (or would, but for section 70, have power to impose) by making a byelaw in respect of the restricted area.

A public spaces protection order or an expedited order made by a designated person may not include provision regulating, in relation to a particular public space, an activity that is already regulated in relation to that space by a public spaces protection order or an expedited order made by a local authority.

Where a public spaces protection order or an expedited order made by a local authority regulates, in relation to a particular public space, an activity that a public spaces protection order or an expedited order made by a designated person already regulates, the order made by the designated person ceases to have that effect.

If a person or body that may be designated under subsection (1)(a) gives a notice in writing under this subsection, in respect of land in relation to which it has power to make byelaws, to a local authority in whose area the land is situated—

A local authority, in deciding—must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the Convention.

In subsection (1) “Convention” has the meaning given by section 21(1) of the Human Rights Act 1998.

A local authority must carry out the necessary consultation and the necessary publicity, and the necessary notification (if any), before—

In subsection (3)—“the necessary consultation” means consulting with—the chief officer of police, and the local policing body, for the police area that includes the restricted area; whatever community representatives the local authority thinks it appropriate to consult; the owner or occupier of land within the restricted area;“the necessary publicity” means—in the case of a proposed order or variation, publishing the text of it; in the case of a proposed extension or discharge, publicising the proposal;“the necessary notification” means notifying the following authorities of the proposed order, extension, variation or discharge—the parish council or community council (if any) for the area that includes the restricted area; in the case of a public spaces protection order made or to be made by a district council in England, the county council (if any) for the area that includes the restricted area.

The requirement to consult with the owner or occupier of land within the restricted area—

In the case of a person or body designated under section 71, the necessary consultation also includes consultation with the local authority which (ignoring subsection (2) of that section) is the authority for the area that includes the restricted area.

In relation to a variation of a public spaces protection order that would increase the restricted area, the restricted area for the purposes of this section is the increased area.

A local authority, in deciding—must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the Convention.

In subsection (1) “Convention” has the meaning given by section 21(1) of the Human Rights Act 1998.

A local authority must obtain the necessary consents before—

If the order referred to in subsection (3) was made, or is proposed to be made, in reliance on section 59A(2)(a), “the necessary consents” means the consent of—

If the order referred to in subsection (3) was made, or is proposed to be made, in reliance on section 59A(2)(b), “the necessary consents” means the consent of—

In this section—“appropriate authority” means—in relation to a school maintained by a local authority, the governing body; in relation to any other school or a 16 to 19 Academy, the proprietor;“appropriate NHS authority” means—if the order was made, or is proposed to be made, in reliance on sub-paragraph (i) of section 59A(2)(b), the NHS body mentioned in that sub-paragraph; if the order was made, or is proposed to be made, in reliance on sub-paragraph (ii) of section 59A(2)(b) and the site is in England, the UK Health Security Agency; if the order was made, or is proposed to be made, in reliance on that sub-paragraph and the site is in Wales, the Local Health Board for the area in which the site is located.

In this section “proprietor”, in relation to a school or a 16 to 19 Academy, has the meaning given in section 579(1) of the Education Act 1996.

A local authority must carry out the necessary consultation as soon as reasonably practicable after making an expedited order.

In subsection (1) “necessary consultation” means consulting with the following about the terms and effects of the order—

A local authority must carry out the necessary notification (if any) as soon as reasonably practicable after—

In subsection(3)“necessary notification” means notifying the following of the extension, reduction, variation or discharge—

The requirement to notify the owner or occupier of land within the restricted area—

The Secretary of State may issue—

The Secretary of State may revise any guidance issued under this section.

The Secretary of State must arrange for any guidance issued or revised under this section to be published.

In this Chapter—“16 to 19 Academy” has the meaning given by section 1B of the Academies Act 2010;“alcohol” has the meaning given by section 191 of the Licensing Act 2003;“community representative”, in relation to a public spaces protection order that a local authority proposes to make or has made, means any individual or body appearing to the authority to represent the views of people who live in, work in or visit the restricted area;“expedited order” has the meaning given by section 59A(1);“local authority” means—in relation to England, a district council, a county council for an area for which there is no district council, a London borough council, the Common Council of the City of London (in its capacity as a local authority) or the Council of the Isles of Scilly; in relation to Wales, a county council or a county borough council;“Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;“NHS body” has the meaning given in section 275 of the National Health Service Act 2006;“public place” means any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission;“restricted area”—in relation to a public spaces protection order, has the meaning given by section 59(4); in relation to an expedited order, has the meaning given by section 59A(5).“school” has the meaning given by section 4 of the Education Act 1996.

For the purposes of this Chapter, a public spaces protection order “regulates” an activity if the activity is—whether or not for all persons and at all times.

For the purposes of this Chapter, an expedited order “regulates” an activity if the activity is—whether or not for all persons and at all times.

The repeal or amendment by this Act of provisions about any of the orders specified in subsection (2) does not apply in relation to—

The orders are—

At the end of the period of 3 years beginning with the commencement day—This Part, as it applies by virtue of paragraph (a), has effect with any necessary modifications (and with any modifications specified in an order under section 185(7)).

In this section “commencement day” means the day on which this Chapter comes into force.

A police officer of at least the rank of inspector, or the local authority, may issue a closure notice if satisfied on reasonable grounds—and that the notice is necessary to prevent the nuisance or disorder from continuing, recurring or occurring.

A closure notice is a notice prohibiting access to the premises for a period specified in the notice. For the maximum period, see section 77.

A closure notice may prohibit access—

A closure notice may not prohibit access by—and accordingly they must be specified under subsection (3)(a).

A closure notice must—

A closure notice may be issued only if reasonable efforts have been made to inform—that the notice is going to be issued.

Before issuing a closure notice the police officer or local authority must ensure that any body or individual the officer or authority thinks appropriate has been consulted.

The Secretary of State may by regulations specify premises or descriptions of premises in relation to which a closure notice may not be issued.

The maximum period that may be specified in a closure notice is 24 hours unless subsection (2) applies.

The maximum period is 48 hours—

In calculating when the period of 48 hours ends, Christmas Day is to be disregarded.

The period specified in a closure notice to which subsection (2) does not apply may be extended by up to 24 hours—

An extension notice is a notice which—

In this section “chief executive officer” means—

This section applies where a closure notice is in force and the relevant officer or authority is no longer satisfied as mentioned in section 76(1), either—

In a case within subsection (1)(a) the relevant officer or authority must issue a cancellation notice. A cancellation notice is a notice cancelling the closure notice.

In a case within subsection (1)(b) the relevant officer or authority must issue a variation notice. A variation notice is a notice varying the closure notice so that it does not apply to the part of the premises referred to in subsection (1)(b).

A cancellation notice or a variation notice that relates to a closure notice which was—must be signed by the person who signed the closure notice (or, if that person is not available, by another person who could have signed as mentioned in section 77(2)(b)).

A cancellation notice or a variation notice that relates to a closure notice which was—must be signed by the person who signed the extension notice (or, if that person is not available, by another person who could have signed the extension notice).

In this section “the relevant officer or authority” means—

A closure notice, an extension notice, a cancellation notice or a variation notice must be served by—

The constable or local authority representative must if possible—

If the constable or local authority representative reasonably believes, at the time of serving the notice, that there are persons occupying another part of the building or other structure in which the premises are situated whose access to that part will be impeded if a closure order is made under section 80, the constable or representative must also if possible serve the notice on those persons.

The constable or local authority representative may enter any premises, using reasonable force if necessary, for the purposes of complying with subsection (2)(a).

In this section “representative”, in relation to a local authority, means—

Whenever a closure notice is issued an application must be made to a magistrates' court for a closure order (unless the notice has been cancelled under section 78).

An application for a closure order must be made—

The application must be heard by the magistrates' court not later than 48 hours after service of the closure notice.

In calculating when the period of 48 hours ends, Christmas Day is to be disregarded.

The court may make a closure order if it is satisfied—and that the order is necessary to prevent the behaviour, nuisance or disorder from continuing, recurring or occurring.

A closure order is an order prohibiting access to the premises for a period specified in the order. The period may not exceed 3 months.

A closure order may prohibit access—

A closure order—

The court must notify the relevant licensing authority if it makes a closure order in relation to premises in respect of which a premises licence is in force.

This section applies where an application has been made to a magistrates' court under section 80 for a closure order.

If the court does not make a closure order it may nevertheless order that the closure notice continues in force for a specified further period of not more than 48 hours, if satisfied—and that the continuation of the notice is necessary to prevent the nuisance or disorder from continuing, recurring or occurring.

The court may adjourn the hearing of the application for a period of not more than 14 days to enable—to show why a closure order should not be made.

If the court adjourns the hearing under subsection (3) it may order that the closure notice continues in force until the end of the period of the adjournment.

At any time before the expiry of a closure order, an application may be made to a justice of the peace, by complaint, for an extension (or further extension) of the period for which the order is in force.

Those entitled to make an application under this section are—

A police officer or local authority may make an application under this section only if satisfied on reasonable grounds that it is necessary for the period of the order to be extended to prevent the occurrence, recurrence or continuance of—and also satisfied that the appropriate consultee has been consulted about the intention to make the application.

In subsection (3) “the appropriate consultee” means—

Where an application is made under this section, the justice of the peace may issue a summons directed to—requiring the person to appear before the magistrates' court to respond to the application.

If a summons is issued under subsection (5), a notice stating the date, time and place of the hearing of the application must be served on the persons to whom the summons is directed.

If the magistrates' court is satisfied as mentioned in subsection (3)(a), (b) or (c), it may make an order extending (or further extending) the period of the closure order by a period not exceeding 3 months.

The period of a closure order may not be extended so that the order lasts for more than 6 months.

At any time before the expiry of a closure order, an application may be made to a justice of the peace, by complaint, for the order to be discharged.

Those entitled to make an application under this section are—

Where a person other than a constable makes an application under this section for the discharge of an order that was made on the application of a constable, the justice may issue a summons directed to a constable considered appropriate by the justice requiring him or her to appear before the magistrates' court to respond to the application.

If a summons is issued under subsection (3), a notice stating the date, time and place of the hearing of the application must be served on—

Where—the justice may issue a summons directed to that authority requiring it to appear before the magistrates' court to respond to the application.

If a summons is issued under subsection (5), a notice stating the date, time and place of the hearing of the application must be served on—

The magistrates' court may not make an order discharging the closure order unless satisfied that the closure order is no longer necessary to prevent the occurrence, recurrence or continuance of—

The Secretary of State may by regulations amend this Chapter so as to alter—

Regulations under this section may make different provision for different purposes.

Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

An appeal against a decision to make or extend a closure order may be made by—

A constable may appeal against—

A local authority may appeal against—

An appeal under this section is to the Crown Court.

An appeal under this section must be made within the period of 21 days beginning with the date of the decision to which it relates.

On an appeal under this section the Crown Court may make whatever order it thinks appropriate.

The Crown Court must notify the relevant licensing authority if it makes a closure order in relation to premises in respect of which a premises licence is in force.

An authorised person may—

In this section “authorised person”—

A person acting under subsection (1) may use reasonable force.

A person seeking to enter premises under subsection (1) 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 or her identity and authority before entering the premises.

An authorised person may also enter premises in respect of which a closure order is in force to carry out essential maintenance or repairs to the premises.

A person who without reasonable excuse remains on or enters premises in contravention of a closure notice (including a notice continued in force under section 81) commits an offence.

A person who without reasonable excuse remains on or enters premises in contravention of a closure order commits an offence.

A person who without reasonable excuse obstructs a person acting under section 79 or 85(1) commits an offence.

A person guilty of an offence under subsection (1) or (3) is liable on summary conviction—or to both.

A person guilty of an offence under subsection (2) is liable on summary conviction—or to both.

In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (5)(a) to 51 weeks is to be read as a reference to 6 months.

Where—an occupier or owner of that other part may apply to the appropriate court for an order under this section.

The appropriate court is—

Notice of an application under this section must be given to—

On an application under this section the court may make whatever order it thinks appropriate in relation to access to any part of the building or structure mentioned in subsection (1). It does not matter whether provision has been made under section 80(8)(b).

A local policing body or a local authority that incurs expenditure for the purpose of clearing, securing or maintaining premises in respect of which a closure order is in force may apply to the court that made the order for an order under this section.

On an application under this section the court may make whatever order it thinks appropriate for the reimbursement (in full or in part) by the owner or occupier of the premises of the expenditure mentioned in subsection (1).

An application for an order under this section may not be heard unless it is made before the end of the period of 3 months starting with the day on which the closure order ceases to have effect.

An order under this section may be made only against a person who has been served with the application for the order.

An application under this section must also be served on—

A police officer, or the chief officer of police under whose direction or control he or she acts, is not liable for damages in proceedings for—arising out of anything done or omitted to be done by the police officer in the exercise or purported exercise of a power under this Chapter.

A local authority is not liable for damages in proceedings for—arising out of anything done or omitted to be done by the authority in the exercise or purported exercise of a power under this Chapter.

Subsections (1) and (2) do not apply to an act or omission shown to have been in bad faith.

Subsections (1) and (2) do not apply 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.

This section does not affect any other exemption from liability (whether at common law or otherwise).

A person who claims to have incurred financial loss in consequence of a closure notice or a closure order may apply to the appropriate court for compensation.

The appropriate court is—

An application under this section may not be heard unless it is made before the end of the period of 3 months starting with whichever of the following is applicable—

For the purposes of subsection (3)(b) the day on which a closure order was refused is—

On an application under this section the court may order the payment of compensation out of central funds if it is satisfied—

In this section “central funds” has the same meaning as in enactments providing for the payment of costs.

The Secretary of State may issue—

The Secretary of State may revise any guidance issued under this section.

The Secretary of State must arrange for any guidance issued or revised under this section to be published.

In this Chapter—“cancellation notice” has the meaning given by section 78(2);“criminal behaviour” means behaviour that constitutes a criminal offence;“extension notice” has the meaning given by section 77(5);“local authority” means—in relation to England, a district council, a county council for an area for which there is no district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly; in relation to Wales, a county council or a county borough council;“offensive behaviour” means behaviour by a person that causes or is likely to cause harassment, alarm or distress to one or more other persons not of the same household as that person;“owner”, in relation to premises, means—a person (other than a mortgagee not in possession) entitled to dispose of the fee simple of the premises, whether in possession or in reversion; a person who holds or is entitled to the rents and profits of the premises under a lease that (when granted) was for a term of not less then 3 years;“premises” includes—any land or other place (whether enclosed or not); any outbuildings that are, or are used as, part of premises;“premises licence” has the meaning given by section 11 of the Licensing Act 2003;“relevant licensing authority” has the meaning given by section 12 of that Act;“variation notice” has the meaning given by section 78(3).

A reference in this Chapter to “the local authority”, in relation to any premises or a notice or order relating to any premises, is a reference to the local authority (or, as the case may be, any of the local authorities) within whose area the premises are situated.

A reference in this Chapter to “the premises”, in relation to a closure notice or a closure order, is a reference to the premises to which the notice or order relates.

The repeal or amendment by this Act of provisions about any of the notices specified in subsection (2) or orders specified in subsection (3) does not apply in relation to—

The notices are—

The orders are—

A person deciding whether to issue a closure notice may take into account things that—

A court deciding whether to make a closure order may take into account things that—

Subsections (4) and (5) apply only during the period of 3 months beginning with the commencement day.

In this section “commencement day” means the day on which this Chapter comes into force.

After section 84 of the Housing Act 1985 (secure tenancies: grounds and orders for possession) there is inserted—

After Schedule 2 to that Act there is inserted the Schedule set out in Schedule 3 to this Act.

In Part 1 of Schedule 2 to the Housing Act 1988 (assured tenancies: grounds on which court must order possession), after ground 7 there is inserted—

In section 8 of that Act (notice of proceedings for possession)—

In Part 1 of Schedule 2 to the Housing Act 1985 (grounds on which court may order possession in relation to secure tenancies if it considers it reasonable), in Ground 2, at the end of paragraph (a) (but before the “or”) there is inserted—.

In Part 2 of Schedule 2 to the Housing Act 1988 (grounds on which court may order possession in relation to assured tenancies if it considers it reasonable), in Ground 14, at the end of paragraph (a) (but before the “or”) there is inserted—.

In Part 1 of Schedule 2 to the Housing Act 1985 (grounds on which court may order possession in relation to secure tenancies if it considers it reasonable), after Ground 2 there is inserted—

In Part 2 of Schedule 2 to the Housing Act 1988 (grounds on which court may order possession in relation to assured tenancies if it considers it reasonable), after Ground 14 there is inserted—

In section 138 of the Housing Act 1985 (right to buy: suspension of duty of landlord to convey freehold or grant lease)—

In Schedule 3 to that Act (grounds for withholding consent to assignment of secure tenancy by way of exchange), after Ground 2 there is inserted—

In Schedule 14 to the Localism Act 2011 (grounds on which landlord may refuse to surrender and grant tenancies in pursuance of a request under section 158 of that Act)—

Each local policing body must prepare a community remedy document for its area, and may revise it at any time.

A community remedy document is a list of actions any of which might, in the opinion of the local policing body, be appropriate in a particular case to be carried out by a person who—

For the purposes of subsection (2), an action is appropriate to be carried out by a person only if it has one or more of the following objects—

In preparing or revising the community remedy document for its area a local policing body must—

In subsection (4)(c) “the necessary consultation” means—

A local policing body must agree the community remedy document for its area, and any revised document, with the chief officer of police for the area.

Once the community remedy document, or a revised document, has been agreed with the chief officer of police, the local policing body must publish it in whatever way it thinks appropriate.

The Secretary of State must publish any guidance issued under subsection (4)(b).

In this section—“anti-social behaviour” has the meaning given by section 2 (ignoring subsection (2) of that section);“community representative”, in relation to a police area, means any individual or body appearing to the local policing body to represent the views of people who live in, work in or visit the area;“local authority” means—in relation to England, a district council, a county council for an area for which there is no district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly; in relation to Wales, a county council or a county borough council;‘ “out-of-court disposal process” means the process by which a person is dealt with under section 102 or by means of a conditional caution or youth conditional caution.

This section applies where—

The persons within this subsection are—

Before deciding what action to invite A to carry out, P must make reasonable efforts to obtain the views of the victim (if any) of the anti-social behaviour or the offence, and in particular the victim's views as to whether A should carry out any of the actions listed in the community remedy document.

If the victim expresses the view that A should carry out a particular action listed in the community remedy document, P must invite A to carry out that action unless it seems to P that it would be inappropriate to do so.

Where—P must nevertheless take account of any views expressed by the victim (or victims) in deciding what action to invite A to carry out.

In this section—“action” includes the making of a payment to the victim (but does not include the payment of a fixed penalty);“anti-social behaviour” has the meaning given by section 2 (ignoring subsection (2) of that section);“community remedy document” means the community remedy document (as revised from time to time) published under section 101 for the police area in which A's anti-social behaviour or offence took place;“caution”—in the case of a person aged 18 or over, includes a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003; in the case of a person under that age, means a youth caution or youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998;“investigating officer” and “relevant prosecutor” have the same meaning as in Part 3 of the Criminal Justice Act 2003 (see section 27 of that Act);“victim” means the particular person who seems to P to have been affected, or principally affected, by A's anti-social behaviour or offence.

In Part 3 of the Criminal Justice Act 2003 (conditional cautions), after section 23 there is inserted—

After section 66B of the Crime and Disorder Act 1998 (requirements for youth conditional cautions) there is inserted—

In a case where a person has made a complaint about anti-social behaviour in a particular local government area, the relevant bodies in that area must carry out a review of the response to that behaviour (an “ASB case review)” if—

The relevant bodies in each local government area must—

The review procedures must include provision about the making of applications for ASB case reviews; and, in particular, must—

In a situation where—the relevant bodies must decide that the threshold for a review is met.

In any other situation where an application for an ASB case review is made, the question whether the threshold for a review is met must be decided by the relevant bodies in accordance with the review procedures; and the procedures may, in particular, include provision for this purpose which is framed by reference to any of these matters—

After the relevant bodies have decided whether or not the threshold for a review is met, they must inform the applicant of their decision.

The relevant bodies who carry out an ASB case review may make recommendations to a person who exercises public functions (including recommendations to a relevant body) in respect of any matters arising from the review; and the person must have regard to the recommendations in exercising public functions.

The relevant bodies who carry out an ASB case review must inform the applicant of—

As soon as practicable after the end of a reporting period, the relevant bodies in a local government area must publish information about the following matters which relates to that period—

The question whether a complaint made about anti-social behaviour is a “qualifying complaint” for the purposes of subsection (4) is to be determined in accordance with subsections (11) and (12).

A complaint about anti-social behaviour is a qualifying complaint if—

But where a person makes two or more complaints about anti-social behaviour which meet the requirements in subsection (11), the question of which complaint is, or which complaints are, qualifying complaints is to be decided by the relevant bodies in accordance with the review procedures. The procedures may, in particular, include provision for this purpose which is framed by reference to whether different complaints relate to different aspects of particular anti-social behaviour (including different incidents comprised in particular anti-social behaviour).

Schedule 4 (ASB case reviews: supplementary provision) has effect.

This section applies for the purposes of section 104, this section and Schedule 4.

In relation to England—“local government area” means an area for which there is—a relevant district council, or a unitary authority;“relevant district council” means the council of a district so far as it is not a unitary authority;“unitary authority” means—the council of a county so far as it is the council for an area for which there are no district councils, the council of any district comprised in an area for which there is no county council, a London borough council, the Common Council of the City of London in its capacity as a local authority, or the Council of the Isles of Scilly; and, in relation to a local government area in England—“local provider of social housing” means a private registered provider of social housing that—grants tenancies of dwelling-houses in that area, or manages any house or other property in that area;“relevant bodies” means—the relevant district council or the unitary authority, the chief officer of police for the police area which that local government area is within, each integrated care board established under section 14Z25 of the National Health Service Act 2006 whose area is wholly or partly within that local government area, and any local providers of social housing who are among the relevant bodies by virtue of the co-option arrangements made in relation to that local government area.

In relation to Wales—“local government area” means—a county, or a county borough; and, in relation to a local government area in Wales—“local provider of social housing” means a body registered as a social landlord under section 3 of the Housing Act 1996 that—grants tenancies of dwelling-houses in that area, or manages any house or other property in that area;“relevant bodies” means—the council for the area, the chief officer of police for the police area which that local government area is within, each Local Health Board whose area is wholly or partly within that local government area, and any local providers of social housing who are among the relevant bodies by virtue of the co-option arrangements made in relation to that local government area.

These expressions have the meanings given—“anti-social behaviour” means behaviour causing harassment, alarm or distress to members or any member of the public;“applicant” means a person who makes an application for an ASB case review;“ASB case review” has the meaning given in section 104(1);“dwelling-house” has the same meaning as in the Housing Act 1985;“co-option arrangements” has the meaning given in paragraph 5 of Schedule 4;“reporting period”, in relation to the publication of information by the relevant bodies in a local government area, means a period, not exceeding 12 months, determined by those bodies.

The Secretary of State may by regulations make provision requiring specified relevant authorities to provide to the Secretary of State specified information relating to anti-social behaviour.

The information that regulations may require a relevant authority to provide includes in particular information about—

The regulations may require a relevant authority to—for the purpose of providing information under the regulations.

The regulations may make provision—

The regulations may make different provision for different purposes.

Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.

The requirement in subsection (6) may be satisfied by consultation carried out wholly or partly before this section comes into force.

In this section—“anti-social behaviour” includes—conduct that is anti-social behaviour for the purposes of any provision of this Act, unreasonable conduct that has or is likely to have a detrimental effect, of a persistent or continuing nature, on the quality of life of those in a locality, and the use of premises that has resulted or is likely to result in nuisance to members of the public, or that has been or is likely to be associated with disorder near the premises;“ASB case review” has the same meaning as in section 104;“relevant authority” means—a person mentioned in section 5(1) (persons entitled to apply for injunctions under Part 1) other than the Secretary of State, an integrated care board established under section 14Z25 of the National Health Service Act 2006 for an area in England, or a Local Health Board for an area in Wales;“specified” means specified in the regulations.

The Dangerous Dogs Act 1991 is amended as follows.

In section 3 (keeping dogs under proper control)—

In section 4 (destruction and disqualification orders), the words “or (3)” are omitted in both places where they occur in subsection (1).

In section 4A (contingent destruction orders)—

In section 5 (seizure, entry of premises and evidence)—

In section 10 (interpretation)—

The Dangerous Dogs Act 1991 is amended as follows.

In section 1 (dogs bred for fighting) after subsection (6) there is inserted—

In section 4 (destruction and disqualification orders) after subsection (1A) there is inserted—

Section 4B (destruction orders otherwise than on a conviction) is amended as follows—

The Firearms Act 1968 is amended as set out in subsections (2) to (8).

In section 5 (which includes, in subsections (1) and (1A), offences of unauthorised possession etc of prohibited weapons and ammunition)—

After subsection (2) of that section there is inserted—

For subsection (3) of that section there is substituted—

In section 5A (exemptions from requirement of authority under section 5)—

In section 51A (minimum sentences for certain offences), in subsection (1A), before paragraph (a) there is inserted—.

In Schedule 6 (prosecution and punishment of offences), in Part 1 (table of punishments) the words “or distributing” are omitted in the entries for—

In Part 1 of that Schedule, after the entry for section 5(1A)(b), (c), (d), (e), (f) or (g) there is inserted—

In section 1 of the Firearms (Amendment) Act 1997 (extension of section 5 of the 1968 Act to prohibit certain small firearms etc), after subsection (7) there is inserted—

In section 5 of the Firearms Act 1968 (weapons subject to general prohibition)—

In section 5A of that Act (exemptions from requirement of authority under section 5)—

In the Firearms (Amendment) Act 1997—

In the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750)—

In section 21 of the Firearms Act 1968 (possession of firearms by persons previously convicted of crime), before subsection (3) there is inserted—

In section 58(2) of that Act (saving for antique firearms), for “Nothing in this Act” there is substituted.

Where—the prohibition does not apply while the certificate remains in force.

The Customs and Excise Management Act 1979 is amended as follows.

In section 50 (penalty for improper importation of goods), in subsection (5A) (firearms and counterfeit currency etc), for the words after “shall have effect” there is substituted “as if for the words “imprisonment for a term not exceeding 7 years” there were substituted the words “ imprisonment for life ””.

In that section—

In section 170 (penalty for fraudulent evasion of duty or prohibition, etc), in subsection (4A) (firearms and counterfeit currency etc)—

In that section—

In section 68 (offences in relation to exportation of prohibited or restricted goods), in subsection (4A) (firearms and counterfeit currency etc)—

In that section—

In section 54 of the Firearms Act 1968 (application to Crown servants), in subsection (3), at the end of paragraph (d) there is inserted

The following are repealed—

Schedule 5 (amendments of Parts 2 and 3 of the Sexual Offences Act 2003) has effect.

In section 142 of the Sexual Offences Act 2003 (extent etc)—

In this section—“the 2003 Act” means the Sexual Offences Act 2003;“existing order” means—a sexual offences prevention order under section 104 of the 2003 Act; a foreign travel order under section 114 of that Act; a risk of sexual harm order under section 123 of that Act;“new order” means—a sexual harm prevention order (made under section 103A of the 2003 Act, inserted by Schedule 5); a sexual risk order (made under section 122A of that Act, inserted by that Schedule);“old order” means—a restraining order under section 5A of the Sex Offenders Act 1997; a sex offender order under section 2 of the Crime and Disorder Act 1998.

The repeal or amendment by this Act of sections 104 to 122 or sections 123 to 129 of the 2003 Act does not apply in relation to—

The following sections of the 2003 Act inserted by Schedule 5 apply (as appropriate) to an old order as they apply to a new order—

As from the commencement day there may be no variation of an existing order or an old order that extends the period of the order or of any of its provisions.

At the end of the period of 5 years beginning with the commencement day—

In this section “commencement day” means the day on which this section comes into force.

Schedule 6 (amendments of Part 2A of the Sexual Offences Act 2003) has effect.

For the purposes of sections 136BA and 136D(7A) of the Sexual Offences Act 2003 (inserted by that Schedule), it does not matter whether the offence or offences in question were committed before, or on or after, the date on which this section comes into force.

A police officer of at least the rank of inspector may issue a notice under this section to the owner, operator or manager of a hotel that the officer reasonably believes has been or will be used for the purposes of—

A notice under this section must be in writing and must—

The date on which the notice expires must not be more than 6 months after the date on which it comes into effect.

A constable may require a person issued with a notice under this section to provide the constable with information about guests at the hotel.

The only information that a constable may require under subsection (4) is—

A requirement under subsection (4)—The period specified under paragraph (b) must begin no earlier than the time when the requirement is imposed and must end no later than the expiry of the notice under this section.

In this section—“child sexual exploitation” means conduct that constitutes an offence listed in subsection (8)(a) or (b), or an offence listed in subsection (8)(c) or (d) against a person under 18;“guest” means a person who, for a charge payable by that person or another, has the use of a guest room at the hotel in question;“hotel” includes any guest house or other establishment of a similar kind at which accommodation is provided for a charge.

The offences are—

A person issued with a notice under section 116 may appeal against it to a magistrates' court.

An appeal must be made within the period of 21 days beginning with the day on which the person is issued with the notice.

Where there is an appeal against a notice under section 116, then until the appeal is finally determined or withdrawn—

A magistrates' court hearing an appeal against a notice under section 116 must—

An offence is committed by a person who fails without reasonable excuse to comply with a requirement imposed on the person under section 116(4).

An offence is committed by a person who, in response to a requirement imposed on the person under section 116(4), provides incorrect information which the person—

A person does not commit an offence under subsection (2)(a) if there were no steps that the person could reasonably have taken to verify the information or to have it verified.

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

In section 98 of the Criminal Justice and Immigration Act 2008 (violent offender orders), after subsection (5) there is inserted—

In section 147(5) of that Act (orders etc subject to affirmative resolution procedure), after paragraph (d) there is inserted—.

In section 99 of that Act (qualifying offenders), in paragraph (b) of subsection (5) (meaning of “relevant offence”) after “a specified offence” there is inserted “ , or the offence of murder, ”.

The Family Law Act 1996 is amended as follows.

After section 63C there is inserted—

For subsections (1) to (3) of section 63E there is substituted—

In section 63J(2), for “the order” there is substituted “ a forced marriage protection order ”.

The following are repealed—

This section applies only in relation to conduct occurring on or after the day on which it comes into force.

In relation to an offence committed before 2 May 2022, the reference to 12 months in section 63CA(5)(b) of the Family Law Act 1996 (inserted by subsection (2) above) is to be read as a reference to six months.

A person commits an offence under the law of England and Wales if he or she—

In relation to a victim who lacks capacity to consent to marriage, the offence under subsection (1) is capable of being committed by any conduct carried out for the purpose of causing the victim to enter into a marriage (whether or not the conduct amounts to violence, threats or any other form coercion).

A person commits an offence under the law of England and Wales if he or she—

A person commits an offence under the law of England and Wales if he or she carries out any conduct for the purpose of causing a child to enter into a marriage before the child’s eighteenth birthday (whether or not the conduct amounts to violence, threats, any other form of coercion or deception, and whether or not it is carried out in England and Wales).

“Marriage” means any religious or civil ceremony of marriage (whether or not legally binding).

“Lacks capacity” means lacks capacity within the meaning of the Mental Capacity Act 2005.

“Child” means a person under the age of 18 years.

It is irrelevant whether the conduct mentioned in paragraph (a) of subsection (1) or subsection (3A) is directed at the victim of the offence under either of those subsections or another person.

A person commits an offence under subsection (1) or (3) only if, at the time of the conduct or deception—

A person commits an offence under subsection (3A) only if—

“UK national” means an individual who is—

A person guilty of an offence under this section is liable—

In relation to an offence committed before 2 May 2022, the reference to the general limit in a magistrates’ court in subsection (9)(a) is to be read as a reference to six months.

A person commits an offence under the law of Scotland if he or she—

In relation to a victim who is incapable of consenting to marriage or civil partnership by reason of mental disorder, the offence under subsection (1) is capable of being committed by any conduct carried out for the purpose of causing the victim to enter into a marriage or civil partnership (whether or not the conduct amounts to violence, threats or any other form coercion).

A person commits an offence under the law of Scotland if he or she—

“Marriage” means any religious or civil ceremony of marriage (whether or not legally binding).

“Civil partnership” includes—

“Mental disorder” has the meaning given by section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003.

It is irrelevant whether the conduct mentioned in paragraph (a) of subsection (1) is directed at the victim of the offence under that subsection or another person.

A person commits an offence under subsection (1) or (3) only if, at the time of the conduct or deception—

“UK national” means an individual who is—

A person guilty of an offence under this section is liable—

In section 50 of the Police Act 1996 (regulations for police forces), after subsection (2ZA) there is inserted—

In section 51 of that Act (regulations for special constables), after subsection (2ZA) there is inserted—

In section 53A of that Act (regulation of procedures and practices)—

In section 63 of that Act (Police Advisory Board for England and Wales, etc), in subsection (3)(a), before “with respect to” there is inserted “to which section 50(2ZC) applies or regulations”.

In section 97 of the Criminal Justice and Police Act 2001 (regulations about police training etc)—

Section 39A of the Police Act 1996 (codes of practice for chief officers) is amended as follows.

For subsection (1) there is substituted—

In subsection (2), for “The Secretary of State may” there is substituted “ The College of Policing may, with the approval of the Secretary of State, ”.

For subsection (4) there is substituted—

In subsection (5), for “him” there is substituted “ the College of Policing ”.

The Police Negotiating Board for the United Kingdom is abolished.

Sections 61 and 62 of the Police Act 1996 (the Police Negotiating Board for the United Kingdom, and its functions with respect to regulations) are repealed.

The Secretary of State may secure the reimbursement of payments made under section 61(5) or (7) of the Police Act 1996 (payment by Scottish Ministers or Department of Justice in Northern Ireland towards expenses incurred by the Police Negotiating Board for the United Kingdom) to the extent that, by reason of the abolition of the Board, the payments are not needed.

After Part 3 of the Police Act 1996 there is inserted—

After Schedule 4A to that Act there is inserted the Schedule set out in Schedule 7 to this Act.

An order under section 185(7) may include provision requiring the first members of the Police Remuneration Review Body to be, or to include, persons of a particular description.

After section 52 of the Police Act 1996 there is inserted—

In section 63 of that Act (Police Advisory Board for England and Wales, etc), in subsection (3)(a), for “regulations with respect to any of the matters mentioned in section 61(1)” there is substituted “ regulations of a kind referred to in section 52A(1) ”.

In section 1 of the Police Pensions Act 1976 (police pensions regulations)—

In section 52 of the Police Act 1996 (regulations for police cadets), at the end there is inserted—

In Schedule 3 to the Police and Justice Act 2006 (power to merge police pension schemes), in paragraph 3, for sub-paragraph (3) there is substituted—

In section 25 of the Police (Northern Ireland) Act 1998 (regulations for the Police Service of Northern Ireland)—

After that section there is inserted—

In section 41 of the Police (Northern Ireland) Act 2000 (police trainees and police reserve trainees)—

In Schedule 3 to the Police Reform Act 2002 (handling of complaints and conduct matters etc), paragraph 19 (investigations by the Independent Police Complaints Commission itself) is amended as follows.

In sub-paragraph (6), for the words from “provide that such provisions” to “shall apply” there is substituted.

After sub-paragraph (6) there is inserted—

In paragraph 24C of Schedule 3 to the Police Reform Act 2002 (cases of death or serious injury where Independent Police Complaints Commission determines that disciplinary proceedings not justified), at the end there is inserted—

Paragraph 27 of that Schedule (duties with respect to disciplinary proceedings) is amended as follows.

In sub-paragraph (1), at the end there is inserted

After sub-paragraph (3) there is inserted—

Paragraph 2 of Schedule 8 to the Police Reform and Social Responsibility Act 2011 (appointment of chief constables) is amended as follows.

In sub-paragraph (1)(a), for “is, or has been, a constable in any part of the United Kingdom” there is substituted “ is eligible for appointment ”.