Explanatory Notes

Police and Justice Act 2006

2006 CHAPTER 48

8 November 2006

The Act

Commentary on Sections

Part 3: Crime and anti-social behaviour
Section 26: Anti-social behaviour injunctions

262.Section 26 replaces the existing section 153A of the Housing Act 1996, which extended the powers of certain social landlords to apply for injunctions to prohibit housing-related anti-social behaviour and allowed social landlords to obtain injunctions against a wide range of persons, not just residents, in order to protect other residents, visitors and their own staff. It also applied to situations where the conduct in question was capable of causing nuisance or annoyance (even if a complaint had not been received), but which directly or indirectly affected the landlord's management of its housing stock.

263.The section re-enacts section 153A of the Housing Act 1996 with modifications. In particular, the effect of the definition of “anti-social behaviour” in subsection (1) of the new section 153A, and of subsection (4), is that a housing related anti-social behaviour injunction may be granted without a particular individual being named as someone adversely affected by the conduct referred to in the injunction. An injunction may be granted in respect of conduct which is not described by reference to any person or persons at all. If conduct is described in an injunction by reference to a person or persons, these may be persons generally, or persons of a particular description, or a specified person.