2004 No. 2168 (C. 91 )

CRIMINAL LAW, ENGLAND AND WALES

The Anti-social Behaviour Act 2003 (Commencement No. 4) Order 2004

Made20th August 2004

In exercise of the powers conferred upon him by sections 93 and 94(2) of the Anti-social Behaviour Act 20031, the Secretary of State hereby makes the following Order:

1

This Order may be cited as the Anti-social Behaviour Act 2003 (Commencement No. 4) Order 2004.

2

The following provisions of the Anti-social Behaviour Act 2003 shall come into force on 30^th September 2004–

a

in Part 9 (miscellaneous powers)–

i

section 85(6) (anti-social behaviour orders) to the extent not already in force;

ii

section 88 (curfew orders and supervision orders) in so far as it relates to the sub-paragraphs of Schedule 2 detailed in paragraph (iii) below; and

iii

paragraphs 1, 2(1) and (3), 3, 4, 5 and 6 of Schedule 2 (curfew orders and supervision orders);

b

in Part 10 (general)–

i

section 92 (repeals) in so far as it relates to the entries in Schedule 3 in sub-paragraph (ii) below; and

ii

in Schedule 3 (repeals), the entries relating to Schedules 6 and 7 of the Powers of Criminal Courts (Sentencing) Act 20002.

3

1

The following provisions of the Anti-social Behaviour Act 2003 shall come into force in the areas of the local authorities specified in paragraph (2) below on 30^th September 2004–

a

in Part 9 (miscellaneous powers)–

i

section 88 (curfew orders and supervision orders) in so far as it relates to paragraph 2(2) of Schedule 2; and

ii

paragraph 2(2) of Schedule 2 (curfew orders and supervision orders);

b

in Part 10 (general)–

i

section 92 (repeals) in so far as it relates to the entry in Schedule 3 in paragraph (ii) below; and

ii

in Schedule 3 (repeals), the entry relating to section 37(4) of the Powers of Criminal Courts (Sentencing) Act 2000.

2

The following local authorities are specified for the purposes of paragraph (1) above–

a

Birmingham City Council;

b

Bolton Metropolitan Borough Council;

c

Bridgend County Borough Council;

d

Calderdale Metropolitan Borough Council;

e

Cardiff County Council;

f

City and County of Swansea Council

g

Coventry City Council

h

Kirklees Metropolitan Council;

i

Leeds City Council;

j

Liverpool City Council;

k

London Borough of Barking and Dagenham;

l

London Borough of Bexley

m

London Borough of Bromley;

n

London Borough of Croydon;

o

London Borough of Greenwich;

p

London Borough of Havering;

q

London Borough of Lewisham;

r

London Borough of Merton;

s

London Borough of Redbridge;

t

London Borough of Richmond upon Thames;

u

London Borough of Southwark;

v

London Borough of Sutton;

w

London Borough of Waltham Forest;

x

Merthyr Tydfil County Borough Council;

y

Neath Port Talbot County Borough Council;

z

Nottingham City Council;

aa

Oldham Metropolitan Borough Council;

bb

Rhonda Cynon Taf County Borough Council;

cc

Royal Borough of Kingston upon Thames;

dd

Solihull Metropolitan Borough Council;

ee

Stockport Metropolitan Borough Council;

ff

Thameside Metropolitan Borough Council; and

gg

Vale of Glamorgan Council.

4

1

Section 85(5) (anti-social behaviour orders) of the Anti-social Behaviour Act 2003 shall, to the extent not already in force, come into force on 1^st October 2004 for a period of eighteen months in relation to applications for anti-social behaviour orders in county court proceedings made at the county courts specified in paragraph (2) below.

2

The following county courts are specified for the purposes of paragraph (1) above–

a

Bristol;

b

Central London;

c

Clerkenwell;

d

Dewsbury;

e

Huddersfield;

f

Leicester;

g

Manchester;

h

Oxford;

i

Tameside;

j

Wigan; and

k

Wrexham.

5

The following provisions of Part 8 (high hedges) of the Anti-social Behaviour Act 2003 shall come into force on 1^st October 2004 in relation to complaints about hedges situated in England–

a

section 71(7) (appeals against remedial notices and other decisions of relevant authorities); and

b

section 72 (appeals procedure).

Fiona MactaggartParliamentary-Under Secretary of StateHome Office20th August 2004

(This note is not part of the Order)

This Order brings into force on 30^th September 2004 in England and Wales the provisions of the Anti-social Behaviour Act 2003 (“the 2003 Act”) set out in article 2 either generally or to the extent specified.

The provisions set out in article 3(1) are brought into force on 30^th September 2004 in the areas of the local authorities set out in article 3(2).

Article 4(1) brings section 85(5) of the 2003 Act into force in relation to juveniles on 1^st October 2004 for a period of 18 months to allow a pilot to be conducted. It is brought into force in relation to applications for anti-social behaviour orders made at the county courts specified in article 4(2).

Article 5 brings sections 71(7) and 72 in Part 8 (high hedges) of the 2003 Act into force on 1^st October 2004 in relation to hedges situated in England.

(This note is not part of the Order)

Provision	Date of Commencement	S.I.No.
Sections 1 to 11	20^th January 2004	2003/3300
Sections 12 to 17 as to England	30^th June 2004	2004/1502
Section 18	27^th February 2004	2003/3300
Sections 19 to 22 as to England	27^th February 2004	2003/3300
Section 23	27^th February 2004	2003/3300
Section 24 as to England	27^th February 2004	2003/3300
Section 25 to 29	27^th February 2004	2003/3300
Sections 30 to 38	20^th January 2004	2003/3300
Section 39 (partially)	20^th January 2004	2003/3300
Section 39 (partially)	30^th April 2004	2003/3300
Sections 40 to 45 as to England	31^st March 2004	2004/690
Sections 40 to 45 as to Wales	31^st March 2004	2004/999
Section 46	31^st March 2004	2004/690
Section 47 as to England	31^st March 2004	2004/690
Section 47 as to Wales	31^st March 2004	2004/999
Section 48 as to England (partially)	31^st March 2004	2004/690
Section 48 as to Wales	31^st March 2004	2004/999
Section 49 as to England (partially)	31^st March 2004	2004/690
Section 49 as to Wales	31^st March 2004	2004/999
Section 50 as to England (partially)	31^st March 2004	2004/690
Section 50 as to Wales	31^st March 2004	2004/999
Section 51 as to England (partially)	31^st March 2004	2004/690
Section 51 as to Wales	31^st March 2004	2004/999
Section 52 as to England (partially)	31^st March 2004	2004/690
Section 52 as to Wales	31^st March 2004	2004/999
Section 53	20^th January 2004	2003/3300
Section 54	31^st March 2004	2004/690
Sections 55 and 56 as to England	31^st March 2004	2004/690
Sections 55 and 56 as to Wales	31^st March 2004	2004/999
Sections 57 to 59	20^th January 2004	2003/3300
Section 60 to 64	27^th February 2004	2003/3300
Section 85 (partially)	20^th January 2004	2003/3300
Section 85 (partially)	27^th February 2004	2003/3300
Section 85 (partially)	31^st March 2004	2004/690
Section 86 (partially)	20^th January 2004	2003/3300
Section 86 (partially)	31^st March 2004	2004/690
Section 87	20^th January 2004	2003/3300
Section 89 (partially)	20^th January 2004	2003/3300
Section 89 (partially)	31^st March 2004	2004/690
Section 90	31^st July 2004	2004/1502
Section 91 as to England	30^th June 2004	2004/1502
Section 92 (partially)	20^th January 2004	2003/3300
Section 92 (partially)	31^st March 2004	2004/690
Section 92 as to England (partially)	30^th June 2004	2004/1502
Schedule 1 as to England	30^th June 2004	2004/1502
Schedule 3 (partially)	20^th January 2004	2003/3300
Schedule 3 (partially)	31^st March 2004	2004/690
Schedule 3 as to England (partially)	30^th June 2004	2004/1502