Serious Organised Crime and Police Act 2005

The Act

Commentary on Sections

Part 4: Public order and conduct in public places etc.

Section 142: Contracting out of local authority functions relating to anti-social behaviour orders

347.This section amends Part 1 of the Crime and Disorder Act 1998 (“the 1998 Act”), by inserting a new section 1F – Contracting out of local authority functions. Section 1 of the 1998 Act provides power for a 'relevant authority' to apply for an Anti-social Behaviour Order (ASBO) in respect of any person aged over 10.

348.Subsection (1) of new section 1F of the 1998 Act enables the Secretary of State to make an order which may specify a person to whom local authorities may contract out their ASBO functions, which may be exercised by that person or employees of his.

349.Subsection (2)(a) and (b) of new section 1F provides that the order may specify conditions on how the local authority must make arrangements for contracting out its ASBO functions. Subsection (2)(c) also enables the local authority to make its own conditions when contracting out its ASBO functions.

350.Subsection (3)(a) of new section 1F provides that the order may specify whether the local authority may contract out all or some of its ASBO functions (under section 1 of the 1998 Act). Subsection (3) also provides that the order may specify whether the local authority can make arrangements enabling a person specified in the order to exercise its ASBO functions generally, or only in specific cases or areas.

351.Subsection (4) of new section 1F provides that the order may specify that the person to whom the local authority may contract out its ASBO functions , may be treated as if he were a public body for the purposes of section 1 of the Local Authorities (Goods and Services) Act 1970. This may be necessary to enable the local authority to provide to the specified person any goods or services to facilitate the exercise of the contracted out ASBO function.

352.Prior to the making of an order, subsection (5) of new section 1F requires the Secretary of State to consult the National Assembly for Wales where the order specifies relevant authorities in Wales, such representatives of local government and any other persons as he thinks appropriate.

353.Subsection (6) of new section 1F provides that, notwithstanding any contracting out arrangements the local authority may wish to make, the local authority still retains the power to discharge its ASBO functions (under Section 1 of the 1998 Act).

354.Subsection (7) of new section 1F provides that the following provisions of the Deregulation and Contracting Out Act 1994 apply to the contracting out of ASBO functions:

• section 72 (effect of contracting out);

• section 73 (termination of contracting);

• section 75 and Schedule 15 (provision relating to disclosure of information);

• paragraph 3 of Schedule 16 (authorised persons to be treated as officers of local authority).

355.Subsection (8) of new section 1F ensures that the application of the provision mentioned in subsection (7) operates in relation to a person specified by an order under this section to whom a local authority has contracted out its functions.

356.Subsection (9) of new section 1F provides that local authorities and the persons to whom they may contract out their ASBO functions, must have regard to any guidance issued by the Secretary of State for the purposes of section 1F. Subsection (10) enables an order to make different provision for different purposes. Subsection (11) of new section 1F enables an order to include consequential, supplemental, incidental, transitional or savings provisions. Subsection (12) of new section 1F defines local authorities for the purposes of this section.

357.Subsections (2) and (3) of section 142 makes minor consequential amendments to the 1998 Act.