Police Reform Act 2002

61 Anti-social behaviour ordersE+W

(1)Section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders) shall be amended as follows.

(2)For paragraph (b) of subsection (1) (authority to be satisfied that order is necessary to protect persons), there shall be substituted—

“(b)that such an order is necessary to protect relevant persons from further anti-social acts by him.”

(3)The words after that paragraph (which specify the authorities who, as relevant authorities, are entitled to apply for anti-social behaviour orders) shall be omitted.

(4)After subsection (1) there shall be inserted—

“(1A)In this section and sections 1B and 1E “relevant authority” means—

(a)the council for a local government area;

(b)the chief officer of police of any police force maintained for a police area;

(c)the chief constable of the British Transport Police Force; or

(d)any person registered under section 1 of the Housing Act 1996 (c. 52) as a social landlord who provides or manages any houses or hostel in a local government area.

(1B)In this section “relevant persons” means—

(a)in relation to a relevant authority falling within paragraph (a) of subsection (1A), persons within the local government area of that council;

(b)in relation to a relevant authority falling within paragraph (b) of that subsection, persons within the police area;

(c)in relation to a relevant authority falling within paragraph (c) of that subsection—

(i)persons who are on or likely to be on policed premises in a local government area; or

(ii)persons who are in the vicinity of or likely to be in the vicinity of such premises;

(d)in relation to a relevant authority falling within paragraph (d) of that subsection—

(i)persons who are residing in or who are otherwise on or likely to be on premises provided or managed by that authority; or

(ii)persons who are in the vicinity of or likely to be in the vicinity of such premises.”

(5)Subsection (2)(which is superseded by the provision made by section 66 of this Act) shall cease to have effect.

(6)In subsection (3) (which identifies the court to which an application should be made), for the words from “the place” to the end there shall be substituted “ the local government area or police area concerned ”.

(7)For subsection (6) (nature of prohibitions which may be imposed by order) there shall be substituted—

“(6)The prohibitions that may be imposed by an anti-social behaviour order are those necessary for the purpose of protecting persons (whether relevant persons or persons elsewhere in England and Wales) from further anti-social acts by the defendant.”

(8)In subsection (10) of that section (penalty for contravention of order), for “shall be” there shall be substituted “ is guilty of an offence and ”.

(9)In subsection (12) of that section (interpretation)—

(a)after “In this section—” there shall be inserted—

““British Transport Police Force” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);”;

and

(b)after the definition of “local government area” there shall be inserted—

““policed premises” has the meaning given by section 53(3) of the British Transport Commission Act 1949.”

(10)Nothing in this section applies in relation to any application made under section 1 of the Crime and Disorder Act 1998 (c. 37) before the coming into force of this section.