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The Anti-social Behaviour Act 2003 (Commencement No.4) (Wales) Order 2005

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Welsh Statutory Instruments

2005 No. 1225 (W.83) (C.55)

HOUSING, WALES

ANTI-SOCIAL BEHAVIOUR, WALES

LOCAL GOVERNMENT, WALES

The Anti-social Behaviour Act 2003 (Commencement No.4) (Wales) Order 2005

Made

26 April 2005

The National Assembly for Wales, in exercise of the powers conferred upon it by section 93(2)(b) and 94(2) of the Anti-social Behaviour Act 2003(1), hereby makes the following Order:

Name, interpretation and application

1.—(1) This Order is called the Anti-social Behaviour Act 2003 (Commencement No.4) (Wales) Order 2005.

(2) In this Order—

(a)“the commencement date” (“y dyddiad cychwyn”) means 30 April 2005; and

(b)references to sections and Schedules are, unless otherwise stated, references to sections of, and Schedules to, the Anti-social Behaviour Act 2003.

(3) This Order applies to Wales.

Provisions coming into force on the commencement date

2.  The following provisions of Part 2 (Housing) come into force on the commencement date—

(a)section 12 (anti-social behaviour: landlords' policies and procedures);

(b)section 14 and schedule 1 (security of tenure: anti-social behaviour) (demoted tenancies) to the extent that they are not already in force;

(c)section 15 (demoted assured shorthold tenancies).

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(2).

D. Elis-Thomas

The Presiding Officer of the National Assembly

26 April 2005

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 30 April 2005, in relation to Wales, the remainder of the provisions of Part 2 (Housing) of the Anti-social Behaviour Act 2003.

Section 12 introduces a new duty on social landlords to prepare and publish policies and procedures on anti-social behaviour, and to make them available to the public. In preparing and reviewing the policies and procedures, the landlord must have regard to guidance issued by the National Assembly for Wales.

Sections 14 and 15, and Schedule 1 allow social landlords to apply for demotion orders in cases of anti-social behaviour. The demotion order ends the tenant’s existing secure or assured tenancy and replaces it with a new form of demoted tenancy with less security of tenure. Section 14 and Schedule 1 were commenced in so far they gave the power to make regulations on 30 September 2004.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The provisions of the Act which are referred to in the table below have been brought into force in relation to both Wales and England by a Commencement Order made before the date of this Order.

Section or ScheduleDate of commencementS.I. Number
1 to 1120 January 20042003/3300
1827 February 20042003/3300
2327 February 20042003/3300
25 to 2927 February 20042003/3300
30 to 3820 January 20042003/3300
39(1) and (2)20 January 20042003/3300
39(3) (in part)20 January 20042003/3300
39(3) (remainder)30 April 20042003/3300
39(4), (5) and (6)20 January 20042003/3300
4631 March 20042004/690
5320 January 20042003/3300
5431 March 20042004/690
57 to 5920 January 20042003/3300
60 to 6427 February 20042003/3300
85(1), (2) and (3)20 January 20042003/3300
85 (4) (in part)20 January 20042003/3300
85(4) (remainder)31 March 20042004/690
85(5) (in part)31 March 20042004/690
85(5) (remainder) (limited application)1 October 2004 for a period of 18 months2004/2168
85(6) (in part)31 March 20042004/690
85(6) (remainder)30 September 20042004/2168
85(7)20 January 20042003/3300
85(8)27 February 20042003/3300
85(9), (10) and (11)31 March 20042004/690
86(1) and (2)31 March 20042004/690
86(3) (in part)20 January 20042003/3300
86(3) (remainder)31 March 20042004/690
86(4), (5) and (6)20 January 20042003/3300
8720 January 20042003/3300
88 (in part)30 September 20042004/2168
89(1), (2), (3) and (4)20 January 20042003/3300
89(5)31 March 20042004/690
89(6) and (7)20 January 20042003/3300
9031 July 20042004/1502
92 (in part)20 January 20042003/3300
92 (in part)31 March 20042004/690
92 (in part)30 September 20042004/2168
Schedule 2 (in part)30 September 20042004/2168
Schedule 3 (in part)20 January 20042003/3300
Schedule 3 (in part)31 March 20042004/690
Schedule 3 (in part)30 September 20042004/2168

The provisions of the Act which are referred to in the table below have been brought into force in relation to Wales by a Commencement Order made before the date of this Order.

Section or ScheduleDate of commencementS.I. Number
13 (with savings)30 September 20042004/2557 (W.228) (C.107)
14 (in part)30 September 20042004/2557 (W.228) (C.107)
16 (with savings)30 September 20042004/2557 (W.228) (C.107)
1730 September 20042004/2557 (W.228) (C.107)
9130 September 20042004/2557 (W.228) (C.107)
Schedule 1 (in part)30 September 20042004/2557 (W.228) (C.107)
40 to 4531 March 20042004/999 (W.105) (C.43)
47 to 5231 March 20042004/999 (W.105) (C.43)
55 and 5631 March 20042004/999 (W.105) (C.43)
Part 831 December 20042004/3238 (W.281) (C.144)

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