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Welsh Statutory Instruments

2014 No. 2830 (W. 286) (C. 130)

Housing, Wales

The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 2 and Transitional Provisions) (Wales) Order 2014

Made

20 October 2014

The Welsh Ministers make the following Order in exercise of the powers conferred by section 185(3) and (8) of the Anti-social Behaviour, Crime and Policing Act 2014(1).

Title and interpretation

1.—(1) The title of this Order is the Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 2 and Transitional Provisions) (Wales) Order 2014.

(2) In this Order, “the 2014 Act” (“Deddf 2014”) means the Anti-social Behaviour, Crime and Policing Act 2014.

Commencement and application

2.  The following provisions of the 2014 Act will come into force in relation to Wales on 21 October 2014—

(a)section 94 (new ground for serious offences or breach of prohibitions etc) and Schedule 3 (Schedule to be inserted as Schedule 2A to the Housing Act 1985);

(b)section 95 (notice requirements for new ground);

(c)section 96 (review requirements for new ground);

(d)section 97 (corresponding new ground and notice requirements for assured tenancies);

(e)section 100(2) and (3) (restrictions where new possession proceedings in progress etc);

(f)section 181(1) (amendments) insofar as it relates to the provisions in Schedule 11 specified in paragraph (g) below; and

(g)in Schedule 11 (minor and consequential amendments)—

(i)paragraph 2;

(ii)paragraph 7;

(iii)paragraph 8;

(iv)paragraph 9;

(v)paragraph 10;

(vi)paragraph 13;

(vii)paragraph 14;

(viii)paragraph 15(4)(a) and (c);

(ix)paragraph 16;

(x)paragraph 18; and

(xi)paragraph 19.

Transitional provision in relation to the coming into force of sections 94 and 97 in Wales

3.  In relation to the coming into force of sections 94 and 97 (absolute grounds for possession) in Wales, condition 5 in section 84A(7) of the Housing Act 1985(2) and condition 5 in Ground 7A of Part 1 of Schedule 2 to the Housing Act 1988(3) is only met if the offence under—

(a)section 80(4) of the Environmental Protection Act 1990(4) (breach of abatement notice in relation to statutory nuisance), or

(b)section 82(8) of that Act (breach of court order to abate statutory nuisance etc.),

is committed by the tenant, or a person residing in or visiting the dwelling-house, on or after 20 October 2014.

Lesley Griffiths

Minister for Communities and Tackling Poverty, one of the Welsh Ministers

20 October 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force, in Wales, various provisions of the Anti-social Behaviour, Crime and Policing Act 2014 (“the 2014 Act”).

Article 2 brings into force, in relation to Wales, provisions relating to the absolute ground for possession for anti-social behaviour (sections 94 – 97, 100(2) and (3), and Schedule 3 of the 2014 Act) and associated consequential amendments, as well as consequential amendments in relation to Parts 1, 2 and 4 of the 2014 Act.

Article 3 makes transitional provision in relation to the coming into force of sections 94 and 97 of the 2014 Act to ensure that condition 5 in the new absolute grounds for possession is only met where the offence under the Environmental Protection Act 1990 is committed on or after 20 October 2014.

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

The following provisions of the 2014 Act have been brought into force to their fullest extent (unless indicated otherwise) by commencement order made before the date of this Order:

ProvisionDate of CommencementS.I. Number

Section 96 (partially)

(England only)

17 September 20142014/2454
Section 98 (England only)13 May 20142014/949
Section 98 (Wales only)13 May 20142014/1241 (W.129)
Section 9913 May 20142014/949
Section 100(1) (England only)13 May 20142014/949
Section 100(1) (Wales only)13 May 20142014/1241 (W.129)
Section 10113 May 20142014/949
Section 104 (partially)13 May 20142014/949
Sections 105 to 10713 May 20142014/949
Sections 108 to 11114 July 20142014/949
Section 11213 May 20142014/949
Sections 116 to 1181 September 20142014/2125
Section 11913 May 20142014/949
Sections 120 and 12116 June 20142014/949
Sections 123 to 13013 May 20142014/949
Sections 131 and 1321 September 20142014/2125
Section 133 (partially)1 September 20142014/2125
Section 1341 September 20142014/2125
Section 1361 October 20142014/2454
Sections 138 and 1391 October 20142014/2454
Section 14021 July 20142014/1916
Sections 141 and 14213 May 20142014/949
Section 14320 March 20142014/630
Sections 144 to 14613 May 20142014/949
Section 14714 March 20142014/630
Section 148 (partially)13 May 20142014/949
31 July 20142014/1916
1 April 20152014/1916
Section 1492 June 20142014/1226
Sections 152 and 15313 May 20142014/949
Sections 155 to 15921 July 20142014/1916
Sections 161 to 16721 July 20142014/1916
Sections 169 to 17321 July 20142014/1916
Section 1746 October 20142014/2454
Section 17613 May 20142014/949
Section 17813 May 20142014/949
Section 1791 June 20142014/949
Section 181(1) (partially)20 March 20142014/630
13 May 20142014/949
21 July 20142014/1916
1 September 20142014/2125
1 October 20142014/2454
Section 181(1) (partially) (England only)13 May 20142014/949
Section 181(1) (partially) (Wales only)13 May 20142014/1241 (W.129)
Schedule 4 (partially)13 May 20142014/949
Schedule 814 March 20142014/630
Schedule 9 (partially)13 May 20142014/949
31 July 20142014/1916
1 April 20152014/1916
Schedule 1013 May 20142014/949
Schedule 11 (partially)20 March 20142014/630
13 May 20142014/949
21 July 20142014/1916
1 September 20142014/2125
1 October 20142014/2454
Schedule 11 (partially) (England only)13 May 20142014/949
Schedule 11 (partially) (Wales only)13 May 20142014/1241 (W.129)
(2)

1985 c. 68. Section 84A is prospectively inserted by section 94(1) of the Anti-social Behaviour, Crime and Policing Act 2014.

(3)

1988 c. 50. Ground 7A of Part 1 of Schedule 2 is prospectively inserted by section 97(1) of the Anti-social Behaviour, Crime and Policing Act 2014.