62 Premises etc to which alcohol prohibition does not apply
(1) A prohibition in a public spaces protection order or expedited order on consuming alcohol does not apply to—
(a) premises (other than council-operated licensed premises) authorised by a premises licence to be used for the supply of alcohol;
(b) premises authorised by a club premises certificate to be used by the club for the supply of alcohol;
(c) a place within the curtilage of premises within paragraph (a) or (b);
(d) premises which by virtue of Part 5 of the Licensing Act 2003 may at the relevant time be used for the supply of alcohol or which, by virtue of that Part, could have been so used within the 30 minutes before that time;
(e) a place where facilities or activities relating to the sale or consumption of alcohol are at the relevant time permitted by virtue of a permission granted under section 115E of the Highways Act 1980 (highway-related uses) or by virtue of a pavement licence under section 1 of the Business and Planning Act 2020.
(2) A prohibition in a public spaces protection order or an expedited order on consuming alcohol does not apply to council-operated licensed premises—
(a) when the premises are being used for the supply of alcohol, or
(b) within 30 minutes after the end of a period during which the premises have been used for the supply of alcohol.
(3) In this section—
“club premises certificate” has the meaning given by section 60 of the Licensing Act 2003;
“premises licence” has the meaning given by section 11 of that Act;
“supply of alcohol” has the meaning given by section 14 of that Act.
(4) For the purposes of this section, premises are “council-operated licensed premises” if they are authorised by a premises licence to be used for the supply of alcohol and—
(a) the licence is held by a local authority in whose area the premises (or part of the premises) are situated, or
(b) the licence is held by another person but the premises are occupied by a local authority or are managed by or on behalf of a local authority.
63 Consumption of alcohol in breach of prohibition in order
(1) This section applies where a constable or an authorised person reasonably believes that a person (P)—
(a) is or has been consuming alcohol in breach of a prohibition in a public spaces protection order or an expedited order, or
(b) intends to consume alcohol in circumstances in which doing so would be a breach of such a prohibition.
In this section “authorised person” means a person authorised for the purposes of this section by the local authority that made the ... order (or authorised by virtue of section 69(1)).
(2) The constable or authorised person may require P—
(a) not to consume, in breach of the order, alcohol or anything which the constable or authorised person reasonably believes to be alcohol;
(b) to surrender anything in P's possession which is, or which the constable or authorised person reasonably believes to be, alcohol or a container for alcohol.
(3) A constable or an authorised person who imposes a requirement under subsection (2) must tell P that failing without reasonable excuse to comply with the requirement is an offence.
(4) A requirement imposed by an authorised person under subsection (2) is not valid if the person—
(a) is asked by P to show evidence of his or her authorisation, and
(b) fails to do so.
(5) A constable or an authorised person may dispose of anything surrendered under subsection (2)(b) in whatever way he or she thinks appropriate.
(6) A person who fails without reasonable excuse to comply with a requirement imposed on him or her under subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
64 Orders restricting public right of way over highway
(1) A local authority may not make a public spaces protection order or expedited order that restricts the public right of way over a highway without considering—
(a) the likely effect of making the order on the occupiers of premises adjoining or adjacent to the highway;
(b) the likely effect of making the order on other persons in the locality;
(c) in a case where the highway constitutes a through route, the availability of a reasonably convenient alternative route.
(1A) Before making a public spaces protection order that restricts the public right of way over a highway, a local authority must take the prior consultation steps (see subsection (2)).
(1B) A local authority may not make an expedited order that restricts the public right of way over a highway unless it—
(a) takes the prior consultation steps before making the order, or
(b) takes the subsequent consultation steps (see subsection (2A)) as soon as reasonably practicable after making the order.
(2) To take the “prior consultation steps” in relation to an order means to—
(a) notify potentially affected persons of the proposed order,
(b) inform those persons how they can see a copy of the proposed order,
(c) notify those persons of the period within which they may make representations about the proposed order, and
(d) consider any representations made.
In this subsection “potentially affected persons” means occupiers of premises adjacent to or adjoining the highway, and any other persons in the locality who are likely to be affected by the proposed order.
(2A) To take the “subsequent consultation steps” in relation to an expedited order means to—
(a) notify potentially affected persons of the order,
(b) invite those persons to make representations within a specified period about the terms and effects of the order,
(c) inform those persons how they can see a copy of the order, and
(d) consider any representations made.
The definition of “potentially affected persons” in subsection (2) applies to this subsection as if the reference there to “the proposed order” were to “the order”.
(3) Before a local authority makes a public spaces protection order restricting the public right of way over a highway that is also within the area of another local authority, it must consult that other authority if it thinks it appropriate to do so.
(3B) Where a local authority proposes to make an expedited order restricting the public right of way over a highway that is also within the area of another local authority it must, if it thinks appropriate to do so, consult that other authority before, or as soon as reasonably practicable after, making the order.
(4) A public spaces protection order or expedited order may not restrict the public right of way over a highway for the occupiers of premises adjoining or adjacent to the highway.
(5) A public spaces protection order or expedited order may not restrict the public right of way over a highway that is the only or principal means of access to a dwelling.
(6) In relation to a highway that is the only or principal means of access to premises used for business or recreational purposes, a public spaces protection order or expedited order may not restrict the public right of way over the highway during periods when the premises are normally used for those purposes.
(7) A public spaces protection order or expedited order that restricts the public right of way over a highway may authorise the installation, operation and maintenance of a barrier or barriers for enforcing the restriction.
(8) A local authority may install, operate and maintain barriers authorised under subsection (7).
(9) A highway over which the public right of way is restricted by a public spaces protection order or expedited order does not cease to be regarded as a highway by reason of the restriction (or by reason of any barrier authorised under subsection (7)).
(10) In this section—
“dwelling” means a building or part of a building occupied, or intended to be occupied, as a separate dwelling;
“highway” has the meaning given by section 328 of the Highways Act 1980.
65 Categories of highway over which public right of way may not be restricted
(1) A public spaces protection order or an expedited order may not restrict the public right of way over a highway that is—
(a) a special road;
(b) a trunk road;
(c) a classified or principal road;
(d) a strategic road;
(e) a highway in England of a description prescribed by regulations made by the Secretary of State;
(f) a highway in Wales of a description prescribed by regulations made by the Welsh Ministers.
(2) In this section—
“classified road”, “special road” and “trunk road” have the meaning given by section 329(1) of the Highways Act 1980;
“highway” has the meaning given by section 328 of that Act;
“principal road” has the meaning given by section 12 of that Act (and see section 13 of that Act);
“strategic road” has the meaning given by section 60(4) of the Traffic Management Act 2004.
(1) An interested person may apply to the High Court to question the validity of—
(a) a public spaces protection order or an expedited order, or
(b) a variation of a public spaces protection order or an expedited order.
“Interested person” means an individual who lives in the restricted area or who regularly works in or visits that area.
(2) The grounds on which an application under this section may be made are—
(a) that the local authority did not have power to make the order or variation, or to include particular prohibitions or requirements imposed by the order (or by the order as varied);
(b) that a requirement under this Chapter was not complied with in relation to the order or variation.
(3) An application under this section must be made within the period of 6 weeks beginning with the date on which the order or variation is made.
(4) On an application under this section the High Court may by order suspend the operation of the order or variation, or any of the prohibitions or requirements imposed by the order (or by the order as varied), until the final determination of the proceedings.
(5) If on an application under this section the High Court is satisfied that—
(a) the local authority did not have power to make the order or variation, or to include particular prohibitions or requirements imposed by the order (or by the order as varied), or
(b) the interests of the applicant have been substantially prejudiced by a failure to comply with a requirement under this Chapter,
the Court may quash the order or variation, or any of the prohibitions or requirements imposed by the order (or by the order as varied).
(6) A public spaces protection order or an expedited order, or any of the prohibitions or requirements imposed by the order (or by the order as varied), may be suspended under subsection (4) or quashed under subsection (5)—
(a) generally, or
(b) so far as necessary for the protection of the interests of the applicant.
(7) An interested person may not challenge the validity of a public spaces protection order or an expedited order, or of a variation of such an order, in any legal proceedings (either before or after it is made) except—
(a) under this section, or
(b) under subsection (3) of section 67 (where the interested person is charged with an offence under that section).
(1) It is an offence for a person without reasonable excuse—
(a) to do anything that the person is prohibited from doing by a public spaces protection order or an expedited order, or
(b) to fail to comply with a requirement to which the person is subject under a public spaces protection order or an expedited order.
(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) A person does not commit an offence under this section by failing to comply with a prohibition or requirement that the local authority did not have power to include in the public spaces protection order or expedited order.
(4) Consuming alcohol in breach of a public spaces protection order or an expedited order is not an offence under this section (but see section 63).
(1) A constable or an authorised person may issue a fixed penalty notice to anyone he or she has reason to believe has committed an offence under section 63 or 67 in relation to a public spaces protection order or an expedited order.
(2) A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to a local authority specified in the notice.
(3) The local authority specified under subsection (2) must be the one that made the public spaces protection order or expedited order.
(4) Where a person is issued with a notice under this section in respect of an offence—
(a) no proceedings may be taken for the offence before the end of the period of 14 days following the date of the notice;
(b) the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.
(5) A fixed penalty notice must—
(a) give reasonably detailed particulars of the circumstances alleged to constitute the offence;
(b) state the period during which (because of subsection (4)(a)) proceedings will not be taken for the offence;
(c) specify the amount of the fixed penalty;
(d) state the name and address of the person to whom the fixed penalty may be paid;
(e) specify permissible methods of payment.
(6) An amount specified under subsection (5)(c) must not be more than £500.
(7) A fixed penalty notice may specify two amounts under subsection (5)(c) and specify that, if the lower of those amounts is paid within a specified period (of less than 14 days), that is the amount of the fixed penalty.
(8) Whatever other method may be specified under subsection (5)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under subsection (5)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).
(9) Where a letter is sent as mentioned in subsection (8), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
(10) In any proceedings, a certificate that—
(a) purports to be signed by or on behalf of the chief finance officer of the local authority concerned, and
(b) states that payment of a fixed penalty was, or was not, received by the dated specified in the certificate,
is evidence of the facts stated.
(11) In this section—
“authorised person” means a person authorised for the purposes of this section by the local authority that made the order (or authorised by virtue of section 69(2));
“chief finance officer”, in relation to a local authority, means the person with responsibility for the authority's financial affairs.
A byelaw that prohibits, by the creation of an offence, an activity regulated by a public spaces protection order or an expedited order is of no effect in relation to the restricted area during the currency of the order.
71 Bodies other than local authorities with statutory functions in relation to land
(1) The Secretary of State may by order—
(a) designate a person or body (other than a local authority) that has power to make byelaws in relation to particular land, and
(b) specify land in England to which the power relates.
(2) This Chapter has effect as if—
(a) a person or body designated under subsection (1) (a “designated person”) were a local authority, and
(b) land specified under that subsection were within its area.
But references in the rest of this section to a local authority are to a local authority that is not a designated person.
(3) The only prohibitions or requirements that may be imposed in a public spaces protection order or an expedited order made by a designated person are ones that it has power to impose (or would, but for section 70, have power to impose) by making a byelaw in respect of the restricted area.
(4) A public spaces protection order or an expedited order made by a designated person may not include provision regulating, in relation to a particular public space, an activity that is already regulated in relation to that space by a public spaces protection order or an expedited order made by a local authority.
(5) Where a public spaces protection order or an expedited order made by a local authority regulates, in relation to a particular public space, an activity that a public spaces protection order or an expedited order made by a designated person already regulates, the order made by the designated person ceases to have that effect.
(6) If a person or body that may be designated under subsection (1)(a) gives a notice in writing under this subsection, in respect of land in relation to which it has power to make byelaws, to a local authority in whose area the land is situated—
(a) no part of the land may form, or fall within, the restricted area of any public spaces protection order or expedited order made by the local authority;
(b) if any part of the land—
(i) forms the restricted area of a public spaces protection order , or an expedited order, already made by the local authority, or
(ii) falls within such an area,
the order has ceases to have effect (where sub-paragraph (i) applies), or has effect as if the restricted area did not include the land in question (where sub-paragraph (ii) applies).
72 Public spaces protection orders: Convention rights, consultation, publicity and notification
(1) A local authority, in deciding—
(a) whether to make a public spaces protection order (under section 59) and if so what it should include,
(b) whether to extend the period for which a public spaces protection order has effect (under section 60) and if so for how long,
(c) whether to vary a public spaces protection order (under section 61) and if so how, or
(d) whether to discharge a public spaces protection order (under section 61),
must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the Convention.
(2) In subsection (1) “Convention” has the meaning given by section 21(1) of the Human Rights Act 1998.
(3) A local authority must carry out the necessary consultation and the necessary publicity, and the necessary notification (if any), before—
(a) making a public spaces protection order,
(b) extending the period for which a public spaces protection order has effect, or
(c) varying or discharging a public spaces protection order.
(4) In subsection (3)—
“the necessary consultation” means consulting with—
the chief officer of police, and the local policing body, for the police area that includes the restricted area;
whatever community representatives the local authority thinks it appropriate to consult;
the owner or occupier of land within the restricted area;
“the necessary publicity” means—
in the case of a proposed order or variation, publishing the text of it;
in the case of a proposed extension or discharge, publicising the proposal;
“the necessary notification” means notifying the following authorities of the proposed order, extension, variation or discharge—
the parish council or community council (if any) for the area that includes the restricted area;
in the case of a public spaces protection order made or to be made by a district council in England, the county council (if any) for the area that includes the restricted area.
(5) The requirement to consult with the owner or occupier of land within the restricted area—
(a) does not apply to land that is owned and occupied by the local authority;
(b) applies only if, or to the extent that, it is reasonably practicable to consult the owner or occupier of the land.
(6) In the case of a person or body designated under section 71, the necessary consultation also includes consultation with the local authority which (ignoring subsection (2) of that section) is the authority for the area that includes the restricted area.
(7) In relation to a variation of a public spaces protection order that would increase the restricted area, the restricted area for the purposes of this section is the increased area.
72A Expedited orders: Convention rights and consents
(1) A local authority, in deciding—
(a) whether to make an expedited order (under section 59A) and if so what it should include,
(b) whether to extend or reduce the period for which an expedited order has effect (under section 60A) and if so by how much,
(c) whether to vary an expedited order (under section 61) and if so how, or
(d) whether to discharge an expedited order (under section 61),
must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the Convention.
(2) In subsection (1) “Convention” has the meaning given by section 21(1) of the Human Rights Act 1998.
(3) A local authority must obtain the necessary consents before—
(a) making an expedited order,
(b) extending or reducing the period for which an expedited order has effect, or
(c) varying or discharging an expedited order.
(4) If the order referred to in subsection (3) was made, or is proposed to be made, in reliance on section 59A(2)(a), “the necessary consents” means the consent of—
(a) the chief officer of police for the police area that includes the restricted area, and
(b) a person authorised (whether in specific or general terms) by the appropriate authority for the school or 16 to 19 Academy.
(5) If the order referred to in subsection (3) was made, or is proposed to be made, in reliance on section 59A(2)(b), “the necessary consents” means the consent of—
(a) the chief officer of police for the police area that includes the restricted area, and
(b) a person authorised by the appropriate NHS authority.
(6) In this section—
“appropriate authority” means—
in relation to a school maintained by a local authority, the governing body;
in relation to any other school or a 16 to 19 Academy, the proprietor;
“appropriate NHS authority” means—
if the order was made, or is proposed to be made, in reliance on sub-paragraph (i) of section 59A(2)(b), the NHS body mentioned in that sub-paragraph;
if the order was made, or is proposed to be made, in reliance on sub-paragraph (ii) of section 59A(2)(b) and the site is in England, the UK Health Security Agency;
if the order was made, or is proposed to be made, in reliance on that sub-paragraph and the site is in Wales, the Local Health Board for the area in which the site is located.
(7) In this section “proprietor”, in relation to a school or a 16 to 19 Academy, has the meaning given in section 579(1) of the Education Act 1996.
72B Consultation and notifications after making expedited order
(1) A local authority must carry out the necessary consultation as soon as reasonably practicable after making an expedited order.
(2) In subsection (1) “necessary consultation” means consulting with the following about the terms and effects of the order—
(a) the chief officer of police, and the local policing body, for the police area that includes the restricted area;
(b) whatever community representatives the local authority thinks it appropriate to consult;
(c) the owner or occupier of land within the restricted area.
(3) A local authority must carry out the necessary notification (if any) as soon as reasonably practicable after—
(a) making an expedited order,
(b) extending or reducing the period for which an expedited order has effect, or
(c) varying or discharging an expedited order.
(4) In subsection (3) “necessary notification” means notifying the following of the extension, reduction, variation or discharge—
(a) the parish council or community council (if any) for the area that includes the restricted area;
(b) in the case of an expedited order made by a district council in England, the county council (if any) for the area that includes the restricted area;
(c) the owner or occupier of land within the restricted area.
(5) The requirement to notify the owner or occupier of land within the restricted area—
(a) does not apply to land that is owned or occupied by the local authority;
(b) applies only if, and to the extent that, it is reasonably practicable to notify the owner or occupier of the land.
(A1) The Secretary of State must issue guidance to local authorities about the issue of fixed penalty notices under section 68 by persons authorised by local authorities under that section.
(1) The Secretary of State may issue—
(a) guidance to local authorities about the exercise of their functions under this Chapter and other functions of persons authorised by local authorities under section 63 or 68;
(b) guidance to chief officers of police about the exercise, by officers under their direction or control, of those officers' functions under this Part.
(2) The Secretary of State may revise any guidance issued under this section.
(3) The Secretary of State must arrange for any guidance issued or revised under this section to be published.
(4) The Secretary of State must comply with the duty in subsection (A1) within 6 months of the day on which the Crime and Policing Act 2026 is passed.
(1) In this Chapter—
“16 to 19 Academy” has the meaning given by section 1B of the Academies Act 2010;
“alcohol” has the meaning given by section 191 of the Licensing Act 2003;
“community representative”, in relation to a public spaces protection order that a local authority proposes to make or has made, means any individual or body appearing to the authority to represent the views of people who live in, work in or visit the restricted area;
“expedited order” has the meaning given by section 59A(1);
“local authority” means—
in relation to England, a district council, a county council for an area for which there is no district council, a London borough council, the Common Council of the City of London (in its capacity as a local authority) or the Council of the Isles of Scilly;
in relation to Wales, a county council or a county borough council;
“Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;
“NHS body” has the meaning given in section 275 of the National Health Service Act 2006;
“public place” means any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission;
“restricted area”—
in relation to a public spaces protection order, has the meaning given by section 59(4);
in relation to an expedited order, has the meaning given by section 59A(5).
“school” has the meaning given by section 4 of the Education Act 1996.
(2) For the purposes of this Chapter, a public spaces protection order “regulates” an activity if the activity is—
(a) prohibited by virtue of section 59(4)(a), or
(b) subjected to requirements by virtue of section 59(4)(b),
whether or not for all persons and at all times.
(3) For the purposes of this Chapter, an expedited order “regulates” an activity if the activity is—
(a) prohibited by virtue of section 59A(5)(a), or
(b) subjected to requirements by virtue of section 59A(5)(b),
whether or not for all persons and at all times.
(1) The repeal or amendment by this Act of provisions about any of the orders specified in subsection (2) does not apply in relation to—
(a) an order specified in that subsection made before the commencement day;
(b) anything done in connection with such an order.
(2) The orders are—
(a) a gating order under Part 8A of the Highways Act 1980;
(b) an order under section 13(2) of the Criminal Justice and Police Act 2001 (power of local authority to designate public place for restrictions on alcohol consumption);
(c) a dog control order under Chapter 1 of Part 6 of the Clean Neighbourhoods and Environment Act 2005.
(3) At the end of the period of 3 years beginning with the commencement day—
(a) this Chapter has effect in relation to any order specified in subsection (2) that is still in force as if the provisions of the order were provisions of a public spaces protection order;
(b) subsection (1) ceases to have effect.
This Part, as it applies by virtue of paragraph (a), has effect with any necessary modifications (and with any modifications specified in an order under section 185(7)).
(4) In this section “commencement day” means the day on which this Chapter comes into force.
(1) A police officer of at least the rank of inspector, ... the local authority, or a registered social housing provider (“RSH provider”), may issue a closure notice if satisfied on reasonable grounds—
(a) that the use of particular premises has resulted, or (if the notice is not issued) is likely soon to result, in nuisance to members of the public, or
(b) that there has been, or (if the notice is not issued) is likely soon to be, disorder near those premises associated with the use of those premises,
and that the notice is necessary to prevent the nuisance or disorder from continuing, recurring or occurring.
(1A) An RSH provider may only issue a closure notice in respect of premises owned or managed by that provider.
(2) A closure notice is a notice prohibiting access to the premises for a period specified in the notice.
For the maximum period, see section 77.
(3) A closure notice may prohibit access—
(a) by all persons except those specified, or by all persons except those of a specified description;
(b) at all times, or at all times except those specified;
(c) in all circumstances, or in all circumstances except those specified.
(4) A closure notice may not prohibit access by—
(a) people who habitually live on the premises, or
(b) the owner of the premises,
and accordingly they must be specified under subsection (3)(a).
(5) A closure notice must—
(a) identify the premises;
(b) explain the effect of the notice;
(c) state that failure to comply with the notice is an offence;
(d) state that an application will be made under section 80 for a closure order;
(e) specify when and where the application will be heard;
(f) explain the effect of a closure order;
(g) give information about the names of, and means of contacting, persons and organisations in the area that provide advice about housing and legal matters.
(6) A closure notice may be issued only if reasonable efforts have been made to inform—
(a) people who live on the premises (whether habitually or not), and
(b) any person who has control of or responsibility for the premises or who has an interest in them,
that the notice is going to be issued.
(7) Before issuing a closure notice the police officer , local authority or RSH provider must ensure that any body or individual the officer , authority or provider thinks appropriate has been consulted.
(8) The Secretary of State may by regulations specify premises or descriptions of premises in relation to which a closure notice may not be issued.
(1) The maximum period that may be specified in a closure notice is 48 hours unless subsection (2) applies.
(2) The maximum period is 72 hours—
(a) if, in the case of a notice issued by a police officer, the officer is of at least the rank of superintendent, ...
(b) if, in the case of a notice issued by a local authority, the notice is signed by the chief executive officer of the authority or a person designated by him or her for the purposes of this subsection , or
(c) if, in the case of a notice issued by an RSH provider, the notice is signed by an individual who is part of the provider’s senior management.
(3) In calculating when the period of 72 hours ends, Christmas Day is to be disregarded.
(4) The period specified in a closure notice to which subsection (2) does not apply may be extended by up to 24 hours—
(a) if, in the case of a notice issued by a police officer, an extension notice is issued by an officer of at least the rank of superintendent, ...
(b) if, in the case of a notice issued by a local authority, the authority issues an extension notice signed by the chief executive officer of the authority or a person designated by the chief executive officer for the purposes of this subsection , or
(c) if, in the case of a notice issued by an RSH provider, the RSH provider issues an extension notice signed by an individual who is part of the provider’s senior management.
(5) An extension notice is a notice which—
(a) identifies the closure notice to which it relates, and
(b) specifies the period of the extension.
(6) In this section “chief executive officer” means—
(a) in relation to a local authority in England, the authority's head of paid service designated under section 4 of the Local Government and Housing Act 1989;
(b) in relation to a local authority in Wales, the authority's chief executive appointed under section 54 of the Local Government and Elections (Wales) Act 2021.
(7) For the purposes of this section, an individual is part of an RSH provider’s senior management if the individual plays a significant role in—
(a) the making of decisions about how the whole or a substantial part of the activities of the provider which relate to social housing are to be managed or organised, or
(b) the management or organisation of the whole or a substantial part of such activities.
(1) This section applies where a closure notice is in force and the relevant person is no longer satisfied as mentioned in section 76(1), either—
(a) as regards the premises as a whole, or
(b) as regards a particular part of the premises.
(2) In a case within subsection (1)(a) the relevant person must issue a cancellation notice.
A cancellation notice is a notice cancelling the closure notice.
(3) In a case within subsection (1)(b) the relevant person must issue a variation notice.
A variation notice is a notice varying the closure notice so that it does not apply to the part of the premises referred to in subsection (1)(b).
(4) A cancellation notice or a variation notice that relates to a closure notice which was—
(a) issued by a local authority, and
(b) signed as mentioned in section 77(2)(b),
must be signed by the person who signed the closure notice (or, if that person is not available, by another person who could have signed as mentioned in section 77(2)(b)).
(4A) A cancellation notice or a variation notice that relates to a closure notice which was—
(a) issued by an RSH provider, and
(b) signed as mentioned in section 77(2)(c),
must be signed by the person who signed the closure notice (or, if that person is not available, by another person who could have signed the closure notice).
(5) A cancellation notice or a variation notice that relates to a closure notice which was—
(a) issued by a local authority or RSH provider, and
(b) extended under section 77(4)(b) or (c) (as the case may be),
must be signed by the person who signed the extension notice (or, if that person is not available, by another person who could have signed the extension notice).
(6) In this section “the relevant person” means—
(a) in the case of a closure notice issued by a police officer and not extended under section 77(4)(a), that officer (or, if that officer is not available, another officer of the same or higher rank);
(b) in the case of a closure notice issued by a police officer and extended under section 77(4)(a), the officer who issued the extension notice (or, if that officer is not available, another officer of the same or higher rank);
(c) in the case of a closure notice issued by a local authority, that authority;
(d) in the case of a closure notice issued by an RSH provider, that provider.
(1) A closure notice, an extension notice, a cancellation notice or a variation notice must be served by—
(a) a constable, in the case of a notice issued by a police officer;
(b) a representative of the authority that issued the notice, in the case of a notice issued by a local authority ;
(c) a representative of the provider that issued the notice, in the case of a notice issued by an RSH provider.
(2) The constable or ... representative must if possible—
(a) fix a copy of the notice to at least one prominent place on the premises,
(b) fix a copy of the notice to each normal means of access to the premises,
(c) fix a copy of the notice to any outbuildings that appear to the constable or representative to be used with or as part of the premises,
(d) give a copy of the notice to at least one person who appears to the constable or representative to have control of or responsibility for the premises, and
(e) give a copy of the notice to the people who live on the premises and to any person who does not live there but was informed (under section 76(6)) that the notice was going to be issued.
(3) If the constable or ... representative reasonably believes, at the time of serving the notice, that there are persons occupying another part of the building or other structure in which the premises are situated whose access to that part will be impeded if a closure order is made under section 80, the constable or representative must also if possible serve the notice on those persons.
(4) The constable or ... representative may enter any premises, using reasonable force if necessary, for the purposes of complying with subsection (2)(a).
(5) In this section “representative”, in relation to a local authority, means—
(a) an employee of the authority, or
(b) a person, or employee or a person, acting on behalf of the authority.
(6) In this section “representative”, in relation to an RSH provider, means—
(a) an employee of the provider, or
(b) a person, or employee of a person, acting on behalf of the provider.
(1) Whenever a closure notice is issued an application must be made to a magistrates' court for a closure order (unless the notice has been cancelled under section 78).
(2) An application for a closure order must be made—
(a) by a constable, if the closure notice was issued by a police officer;
(b) by the authority that issued the closure notice, if the notice was issued by a local authority;
(c) by the provider that issued the closure notice, if the notice was issued by an RSH provider.
(3) The application must be heard by the magistrates' court not later than 48 hours after service of the closure notice.
(4) In calculating when the period of 48 hours ends, Christmas Day is to be disregarded.
(5) The court may make a closure order if it is satisfied—
(a) that a person has engaged, or (if the order is not made) is likely to engage, in disorderly, offensive or criminal behaviour on the premises, or
(b) that the use of the premises has resulted, or (if the order is not made) is likely to result, in serious nuisance to members of the public, or
(c) that there has been, or (if the order is not made) is likely to be, disorder near those premises associated with the use of those premises,
and that the order is necessary to prevent the behaviour, nuisance or disorder from continuing, recurring or occurring.
(6) A closure order is an order prohibiting access to the premises for a period specified in the order.
The period may not exceed 3 months.
(7) A closure order may prohibit access—
(a) by all persons, or by all persons except those specified, or by all persons except those of a specified description;
(b) at all times, or at all times except those specified;
(c) in all circumstances, or in all circumstances except those specified.
(8) A closure order—
(a) may be made in respect of the whole or any part of the premises;
(b) may include provision about access to a part of the building or structure of which the premises form part.
(9) The court must notify the relevant licensing authority if it makes a closure order in relation to premises in respect of which a premises licence is in force.
(1) This section applies where an application has been made to a magistrates' court under section 80 for a closure order.
(2) If the court does not make a closure order it may nevertheless order that the closure notice continues in force for a specified further period of not more than 72 hours, if satisfied—
(a) that the use of particular premises has resulted, or (if the notice is not continued) is likely soon to result, in nuisance to members of the public, or
(b) that there has been, or (if the notice is not continued) is likely soon to be, disorder near those premises associated with the use of those premises,
and that the continuation of the notice is necessary to prevent the nuisance or disorder from continuing, recurring or occurring.
(3) The court may adjourn the hearing of the application for a period of not more than 14 days to enable—
(a) the occupier of the premises,
(b) the person with control of or responsibility for the premises, or
(c) any other person with an interest in the premises,
to show why a closure order should not be made.
(4) If the court adjourns the hearing under subsection (3) it may order that the closure notice continues in force until the end of the period of the adjournment.
(1) At any time before the expiry of a closure order, an application may be made to a justice of the peace, by complaint, for an extension (or further extension) of the period for which the order is in force.
(2) Those entitled to make an application under this section are—
(a) where the closure order was made on the application of a constable, a police officer of at least the rank of inspector;
(b) where the closure order was made on the application of a local authority, that authority;
(c) where the closure order was made on the application of an RSH provider, that provider.
(3) A police officer , local authority or RSH provider may make an application under this section only if satisfied on reasonable grounds that it is necessary for the period of the order to be extended to prevent the occurrence, recurrence or continuance of—
(a) disorderly, offensive or criminal behaviour on the premises,
(b) serious nuisance to members of the public resulting from the use of the premises, or
(c) disorder near the premises associated with the use of the premises,
and also satisfied that appropriate consultation about the intention to make the application has been carried out.
(4) An appropriate consultation about the intention to make the application is carried out if the following are consulted—
(a) the local authority and any relevant RSH provider, in the case of an application by a police officer;
(b) the chief officer of police for the area in which the premises are situated and any relevant RSH provider, in the case of an application by a local authority;
(c) the local authority and the chief officer of police for the area in which the premises are situated, in the case of an application by an RSH provider.
An RSH provider is “relevant” if it owns or manages the premises.
(5) Where an application is made under this section, the justice of the peace may issue a summons directed to—
(a) any person on whom the closure notice was served under section 79, or
(b) any other person who appears to the justice to have an interest in the premises but on whom the closure notice was not served,
requiring the person to appear before the magistrates' court to respond to the application.
(6) If a summons is issued under subsection (5), a notice stating the date, time and place of the hearing of the application must be served on the persons to whom the summons is directed.
(7) If the magistrates' court is satisfied as mentioned in subsection (3)(a), (b) or (c), it may make an order extending (or further extending) the period of the closure order by a period not exceeding 3 months.
(8) The period of a closure order may not be extended so that the order lasts for more than 6 months.
(1) At any time before the expiry of a closure order, an application may be made to a justice of the peace, by complaint, for the order to be discharged.
(2) Those entitled to make an application under this section are—
(a) a constable, where the closure order was made on the application of a constable;
(b) the authority that applied for the closure order, where the order was made on the application of a local authority;
(ba) the provider that applied for the closure order, where the order was made on the application of an RSH provider;
(c) a person on whom the closure notice was served under section 79;
(d) anyone else who has an interest in the premises but on whom the closure notice was not served.
(3) Where a person other than a constable makes an application under this section for the discharge of an order that was made on the application of a constable, the justice may issue a summons directed to a constable considered appropriate by the justice requiring him or her to appear before the magistrates' court to respond to the application.
(4) If a summons is issued under subsection (3), a notice stating the date, time and place of the hearing of the application must be served on—
(a) the constable to whom the summons is directed;
(b) the persons mentioned in subsection (2)(c) and (d) (other than the complainant).
(5) Where—
(a) the order in question was made on the application of a local authority, and
(b) a person other than that authority makes an application under this section for the discharge of the order,
the justice may issue a summons directed to that authority requiring it to appear before the magistrates' court to respond to the application.
(6) If a summons is issued under subsection (5), a notice stating the date, time and place of the hearing of the application must be served on—
(a) the authority mentioned in that subsection;
(b) the persons mentioned in subsection (2)(c) and (d) (other than the complainant).
(6A) Where—
(a) the order in question was made on the application of an RSH provider, and
(b) a person other than that provider makes an application under this section for the discharge of the order,
the justice may issue a summons directed to that provider requiring it to appear before the magistrates’ court to respond to the application.
(6B) If a summons is issued under subsection (6A), a notice stating the date, time and place of the hearing of the application must be served on—
(a) the provider mentioned in that subsection;
(b) the persons mentioned in subsection (2)(c) and (d) (other than the complainant).
(7) The magistrates' court may not make an order discharging the closure order unless satisfied that the closure order is no longer necessary to prevent the occurrence, recurrence or continuance of—
(a) disorderly, offensive or criminal behaviour on the premises,
(b) serious nuisance to members of the public resulting from the use of the premises, or
(c) disorder near the premises associated with the use of the premises.
83A Power of Secretary of State to change maximum duration of closure orders
(1) The Secretary of State may by regulations amend this Chapter so as to alter—
(a) the maximum period that a closure order under section 80 may specify as the period for which access to the premises is prohibited;
(b) the maximum period for which a closure order may be extended under section 82;
(c) the maximum duration of a closure order extended under section 82.
(2) Regulations under this section may make different provision for different purposes.
(3) Before making regulations under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(1) An appeal against a decision to make or extend a closure order may be made by—
(a) a person on whom the closure notice was served under section 79;
(b) anyone else who has an interest in the premises but on whom the closure notice was not served.
(2) A constable may appeal against—
(a) a decision not to make a closure order applied for by a constable;
(b) a decision not to extend a closure order made on the application of a constable;
(c) a decision (under section 81) not to order the continuation in force of a closure notice issued by a constable.
(3) A local authority may appeal against—
(a) a decision not to make a closure order applied for by that authority;
(b) a decision not to extend a closure order made on the application of that authority;
(c) a decision (under section 81) not to order the continuation in force of a closure notice issued by that authority.
(3A) An RSH provider may appeal against—
(a) a decision not to make a closure order applied for by that provider;
(b) a decision not to extend a closure order made on the application of that provider;
(c) a decision (under section 81) not to order the continuation in force of a closure notice issued by that provider.
(4) An appeal under this section is to the Crown Court.
(5) An appeal under this section must be made within the period of 21 days beginning with the date of the decision to which it relates.
(6) On an appeal under this section the Crown Court may make whatever order it thinks appropriate.
(7) The Crown Court must notify the relevant licensing authority if it makes a closure order in relation to premises in respect of which a premises licence is in force.
(1) An authorised person may—
(a) enter premises in respect of which a closure order is in force;
(b) do anything necessary to secure the premises against entry.
(2) In this section “authorised person”—
(a) in relation to a closure order made on the application of a constable, means a constable or a person authorised by the chief officer of police for the area in which the premises are situated;
(b) in relation to a closure order made on the application of a local authority, means a person authorised by that authority ;
(c) in relation to a closure order made on the application of an RSH provider, means a person authorised by that provider.
(3) A person acting under subsection (1) may use reasonable force.
(4) A person seeking to enter premises under subsection (1) must, if required to do so by or on behalf of the owner, occupier or other person in charge of the premises, produce evidence of his or her identity and authority before entering the premises.
(5) An authorised person may also enter premises in respect of which a closure order is in force to carry out essential maintenance or repairs to the premises.
(1) A person who without reasonable excuse remains on or enters premises in contravention of a closure notice (including a notice continued in force under section 81) commits an offence.
(2) A person who without reasonable excuse remains on or enters premises in contravention of a closure order commits an offence.
(3) A person who without reasonable excuse obstructs a person acting under section 79 or 85(1) commits an offence.
(4) A person guilty of an offence under subsection (1) or (3) is liable on summary conviction—
(a) to imprisonment for a period not exceeding 3 months, or
(b) to a fine,
or to both.
(5) A person guilty of an offence under subsection (2) is liable on summary conviction—
(a) to imprisonment for a period not exceeding 51 weeks, or
(b) to a fine,
or to both.
(6) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (5)(a) to 51 weeks is to be read as a reference to 6 months.
(1) Where—
(a) access to premises is prohibited or restricted by, or as a result of, an order under section 80, 81, 82 or 84,
(b) those premises are part of a building or structure, and
(c) there is another part of that building or structure that is not subject to the prohibition or restriction,
an occupier or owner of that other part may apply to the appropriate court for an order under this section.
(2) The appropriate court is—
(a) the magistrates' court, in the case of an order under section 80, 81 or 82;
(b) the Crown Court, in the case of an order under section 84.
(3) Notice of an application under this section must be given to—
(a) whatever constable the court thinks appropriate;
(b) the local authority;
(ba) the RSH provider, in a case where that RSH provider owns or manages the premises;
(c) a person on whom the closure notice was served under section 79;
(d) anyone else who has an interest in the premises but on whom the closure notice was not served.
(4) On an application under this section the court may make whatever order it thinks appropriate in relation to access to any part of the building or structure mentioned in subsection (1).
It does not matter whether provision has been made under section 80(8)(b).
(1) A local policing body , a local authority or an RSH provider that incurs expenditure for the purpose of clearing, securing or maintaining premises in respect of which a closure order is in force may apply to the court that made the order for an order under this section.
(2) On an application under this section the court may make whatever order it thinks appropriate for the reimbursement (in full or in part) by the owner or occupier of the premises of the expenditure mentioned in subsection (1).
(3) An application for an order under this section may not be heard unless it is made before the end of the period of 3 months starting with the day on which the closure order ceases to have effect.
(4) An order under this section may be made only against a person who has been served with the application for the order.
(5) An application under this section must also be served on—
(a) the local policing body for the area in which the premises are situated, if the application is made by a local authority or an RSH provider;
(b) the local authority, if the application is made by a local policing body or an RSH provider.
(6) Where a local authority or a local policing body makes an application under this section in respect of premises owned or managed by an RSH provider, the application must also be served on the RSH provider.
(1) A police officer, or the chief officer of police under whose direction or control he or she acts, is not liable for damages in proceedings for—
(a) judicial review, or
(b) the tort of negligence or misfeasance in public office,
arising out of anything done or omitted to be done by the police officer in the exercise or purported exercise of a power under this Chapter.
(2) A local authority is not liable for damages in proceedings for—
(a) judicial review, or
(b) the tort of negligence or misfeasance in public office,
arising out of anything done or omitted to be done by the authority in the exercise or purported exercise of a power under this Chapter.
(2A) An RSH provider is not liable for damages in proceedings for—
(a) judicial review, or
(b) the tort of negligence,
arising out of anything done or omitted to be done by the provider in the exercise or purported exercise of a power under this Chapter.
(3) Subsections (1) to (2A) do not apply to an act or omission shown to have been in bad faith.
(4) Subsections (1) to (2A) do not apply so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998.
(5) This section does not affect any other exemption from liability (whether at common law or otherwise).
(1) A person who claims to have incurred financial loss in consequence of a closure notice or a closure order may apply to the appropriate court for compensation.
(2) The appropriate court is—
(a) the magistrates' court that considered the application for a closure order (except where paragraph (b) applies);
(b) the Crown Court, in the case of a closure order that was made or extended by an order of that Court on an appeal under section 84.
(3) An application under this section may not be heard unless it is made before the end of the period of 3 months starting with whichever of the following is applicable—
(a) the day on which the closure notice was cancelled under section 78;
(b) the day on which a closure order was refused;
(c) the day on which the closure order ceased to have effect.
(4) For the purposes of subsection (3)(b) the day on which a closure order was refused is—
(a) the day on which the magistrates' court decided not to make a closure order (except where paragraph (b) applies);
(b) the day on which the Crown Court dismissed an appeal against a decision not to make a closure order.
(5) On an application under this section the court may order the payment of compensation out of central funds if it is satisfied—
(a) that the applicant is not associated with the use of the premises, or the behaviour on the premises, on the basis of which the closure notice was issued or the closure order made,
(b) if the applicant is the owner or occupier of the premises, that the applicant took reasonable steps to prevent that use or behaviour,
(c) that the applicant has incurred financial loss in consequence of the notice or order, and
(d) that having regard to all the circumstances it is appropriate to order payment of compensation in respect of that loss.
(6) In this section “central funds” has the same meaning as in enactments providing for the payment of costs.
(1) The Secretary of State may issue—
(a) guidance to chief officers of police about the exercise, by officers under their direction or control, of those officers' functions under this Chapter;
(b) guidance to local authorities and RSH providers about the exercise of their functions under this Chapter and those of their representatives (within the meaning of section 79).
(2) The Secretary of State may revise any guidance issued under this section.
(3) The Secretary of State must arrange for any guidance issued or revised under this section to be published.
(1) In this Chapter—
“cancellation notice” has the meaning given by section 78(2);
“criminal behaviour” means behaviour that constitutes a criminal offence;
“extension notice” has the meaning given by section 77(5);
“local authority” means—
in relation to England, a district council, a county council for an area for which there is no district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
in relation to Wales, a county council or a county borough council;
“offensive behaviour” means behaviour by a person that causes or is likely to cause harassment, alarm or distress to one or more other persons not of the same household as that person;
“owner”, in relation to premises, means—
a person (other than a mortgagee not in possession) entitled to dispose of the fee simple of the premises, whether in possession or in reversion;
a person who holds or is entitled to the rents and profits of the premises under a lease that (when granted) was for a term of not less then 3 years;
“premises” includes—
any land or other place (whether enclosed or not);
any outbuildings that are, or are used as, part of premises;
“premises licence” has the meaning given by section 11 of the Licensing Act 2003;
“registered social housing provider” (or “RSH provider”) means—
in relation to England, a registered provider of social housing;
in relation to Wales, a Welsh body registered as a social landlord under section 3 of the Housing Act 1996;
“relevant licensing authority” has the meaning given by section 12 of that Act;
“variation notice” has the meaning given by section 78(3).
(2) A reference in this Chapter to “the local authority”, in relation to any premises or a notice or order relating to any premises, is a reference to the local authority (or, as the case may be, any of the local authorities) within whose area the premises are situated.
(3) A reference in this Chapter to “the premises”, in relation to a closure notice or a closure order, is a reference to the premises to which the notice or order relates.
(4) For the purposes of this Chapter, an RSH provider owns premises if—
(a) the provider is a person (other than a mortgagee not in possession) entitled to dispose of the fee simple in the premises, whether in possession or in reversion, or
(b) the provider is a person who holds or is entitled to the rents and profits of the premises under a lease that (when granted) was for a term of at least 3 years.
(1) The repeal or amendment by this Act of provisions about any of the notices specified in subsection (2) or orders specified in subsection (3) does not apply in relation to—
(a) any such notice issued or order made before the commencement day;
(b) anything done in connection with any such notice or order.
(2) The notices are—
(a) a notice issued under section 1 of the Anti-social Behaviour Act 2003;
(b) a notice issued under section 11A of that Act.
(3) The orders are—
(a) an order made under section 2 of the Anti-social Behaviour Act 2003;
(b) an order made under section 11B of that Act;
(c) an order made under section 40 of that Act;
(d) an order made under section 161 of the Licensing Act 2003;
(e) an order made under section 165(2)(b), (c) or (d) of that Act.
(4) A person deciding whether to issue a closure notice may take into account things that—
(a) happened before the commencement day, and
(b) would have given rise to the power to issue one of the notices specified in subsection (2) or to make an order specified in subsection (3)(c) or (d).
(5) A court deciding whether to make a closure order may take into account things that—
(a) happened before the commencement day, and
(b) would have given rise to the power to make an order specified in subsection (3)(a), (b) or (e).
(6) Subsections (4) and (5) apply only during the period of 3 months beginning with the commencement day.
(7) In this section “commencement day” means the day on which this Chapter comes into force.
94 New ground for serious offences or breach of prohibitions etc
(1) After section 84 of the Housing Act 1985 (secure tenancies: grounds and orders for possession) there is inserted—
Absolute ground for possession for anti-social behaviour
84A (1) If the court is satisfied that any of the following conditions is met, it must make an order for the possession of a dwelling-house let under a secure tenancy.
This is subject to subsection (2) (and to any available defence based on the tenant's Convention rights, within the meaning of the Human Rights Act 1998).
(2) Subsection (1) applies only where the landlord has complied with any obligations it has under section 85ZA (review of decision to seek possession).
(3) Condition 1 is that—
(a) the tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious offence, and
(b) the serious offence—
(i) was committed (wholly or partly) in, or in the locality of, the dwelling-house,
(ii) was committed elsewhere against a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
(iii) was committed elsewhere against the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and directly or indirectly related to or affected those functions.
(4) Condition 2 is that a court has found in relevant proceedings that the tenant, or a person residing in or visiting the dwelling-house, has breached a provision of an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, other than a provision requiring a person to participate in a particular activity, and—
(a) the breach occurred in, or in the locality of, the dwelling-house, or
(b) the breach occurred elsewhere and the provision breached was a provision intended to prevent—
(i) conduct that is capable of causing nuisance or annoyance to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
(ii) conduct that is capable of causing nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions.
(5) Condition 3 is that the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under section 30 of the Anti-social Behaviour, Crime and Policing Act 2014 consisting of a breach of a provision of a criminal behaviour order prohibiting a person from doing anything described in the order, and the offence involved—
(a) a breach that occurred in, or in the locality of, the dwelling-house, or
(b) a breach that occurred elsewhere of a provision intended to prevent—
(i) behaviour that causes or is likely to cause harassment, alarm or distress to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
(ii) behaviour that causes or is likely to cause harassment, alarm or distress to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions.
(6) Condition 4 is that—
(a) the dwelling-house is or has been subject to a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, and
(b) access to the dwelling-house has been prohibited (under the closure order or under a closure notice issued under section 76 of that Act) for a continuous period of more than 48 hours.
(7) Condition 5 is that—
(a) the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under—
(i) section 80(4) of the Environmental Protection Act 1990 (breach of abatement notice in relation to statutory nuisance), or
(ii) section 82(8) of that Act (breach of court order to abate statutory nuisance etc.), and
(b) the nuisance concerned was noise emitted from the dwelling-house which was a statutory nuisance for the purposes of Part 3 of that Act by virtue of section 79(1)(g) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance).
(8) Condition 1, 2, 3, 4 or 5 is not met if—
(a) there is an appeal against the conviction, finding or order concerned which has not been finally determined, abandoned or withdrawn, or
(b) the final determination of the appeal results in the conviction, finding or order being overturned.
(9) In this section—
“relevant proceedings” means proceedings for contempt of court or proceedings under Schedule 2 to the Anti-social Behaviour, Crime and Policing Act 2014;
“serious offence” means an offence which—
was committed on or after the day on which subsection (3) comes into force,
is specified, or falls within a description specified, in Schedule 2A at the time the offence was committed and at the time the court is considering the matter, and
is not an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either-way offences where value involved is small).
(10) The Secretary of State may by order amend Schedule 2A as it applies in relation to dwelling-houses in England by—
(a) adding an indictable offence;
(b) removing an offence.
(11) The Welsh Ministers may by order amend Schedule 2A as it applies in relation to dwelling-houses in Wales by—
(a) adding an indictable offence;
(b) removing an offence.
(12) An order under subsection (10) or (11)—
(a) is to be made by statutory instrument;
(b) may make different provision for different purposes;
(c) may include incidental, supplementary, consequential, transitional or saving provision.
(13) A statutory instrument containing an order under subsection (10) or (11) may not be made unless a draft of the instrument has been laid before and approved by a resolution of—
(a) each House of Parliament (in the case of an order of the Secretary of State), or
(b) the National Assembly for Wales (in the case of an order of the Welsh Ministers).
(2) After Schedule 2 to that Act there is inserted the Schedule set out in Schedule 3 to this Act.
After section 83 of the Housing Act 1985 (proceedings for possession or termination: notice requirements) there is inserted—
Notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour
83ZA (1) This section applies in relation to proceedings for possession of a dwelling-house under section 84A (absolute ground for possession for anti-social behaviour), including proceedings where possession is also sought on one or more of the grounds set out in Schedule 2.
(2) The court must not entertain the proceedings unless the landlord has served on the tenant a notice under this section.
(3) The notice must—
(a) state that the court will be asked to make an order under section 84A for the possession of the dwelling-house,
(b) set out the reasons for the landlord's decision to apply for the order (including the condition or conditions in section 84A on which the landlord proposes to rely), and
(c) inform the tenant of any right that the tenant may have under section 85ZA to request a review of the landlord's decision and of the time within which the request must be made.
(4) In a case where possession is also sought on one or more of the grounds set out in Schedule 2, the notice must also—
(a) specify the ground on which the court will be asked to make the order, and
(b) give particulars of that ground.
(5) A notice which states that the landlord proposes to rely upon condition 1, 3 or 5 in section 84A—
(a) must also state the conviction on which the landlord proposes to rely, and
(b) must be served on the tenant within—
(i) the period of 12 months beginning with the day of the conviction, or
(ii) if there is an appeal against the conviction, the period of 12 months beginning with the day on which the appeal is finally determined or abandoned.
(6) A notice which states that the landlord proposes to rely upon condition 2 in section 84A—
(a) must also state the finding on which the landlord proposes to rely, and
(b) must be served on the tenant within—
(i) the period of 12 months beginning with the day on which the court has made the finding, or
(ii) if there is an appeal against the finding, the period of 12 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.
(7) A notice which states that the landlord proposes to rely upon condition 4 in section 84A—
(a) must also state the closure order concerned, and
(b) must be served on the tenant within—
(i) the period of 3 months beginning with the day on which the closure order was made, or
(ii) if there is an appeal against the making of the order, the period of 3 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.
(8) A notice under this section must also inform the tenant that, if the tenant needs help or advice about the notice and what to do about it, the tenant should take it immediately to a Citizens' Advice Bureau, a housing aid centre, a law centre or a solicitor.
(9) The notice—
(a) must also specify the date after which proceedings for the possession of the dwelling-house may be begun, and
(b) ceases to be in force 12 months after the date so specified.
(10) The date specified in accordance with subsection (9)(a) must not be earlier than—
(a) in the case of a periodic tenancy, the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same day as the notice under this section;
(b) in the case of a secure tenancy for a term certain, one month after the date of the service of the notice.
(11) Where a notice under this section is served with respect to a secure tenancy for a term certain, it has effect also with respect to any periodic tenancy arising on the termination of that tenancy by virtue of section 86; and subsection (10)(a) does not apply to the notice.
After section 85 of the Housing Act 1985 (extended discretion of court in certain proceedings for possession) there is inserted—
Review of decision to seek possession on absolute ground for anti-social behaviour
85ZA (1) A tenant may request a review of a landlord's decision to seek an order for possession of a dwelling-house under section 84A if the interest of the landlord belongs to—
(a) a local housing authority, or
(b) a housing action trust.
(2) Such a request must be made in writing before the end of the period of 7 days beginning with the day on which the notice under section 83ZA is served.
(3) On a request being duly made to it, the landlord must review its decision.
(4) The landlord must notify the tenant in writing of the decision on the review.
(5) If the decision is to confirm the original decision, the landlord must also notify the tenant of the reasons for the decision.
(6) The review must be carried out, and the tenant notified, before the day specified in the notice under section 83ZA as the day after which proceedings for the possession of the dwelling-house may be begun.
(7) The Secretary of State may by regulations make provision about the procedure to be followed in connection with a review under this section that relates to an order for possession of a dwelling-house in England.
(8) The Welsh Ministers may by regulations make provision about the procedure to be followed in connection with a review under this section that relates to an order for possession of a dwelling-house in Wales.
(9) Regulations under subsections (7) and (8) may, in particular, make provision—
(a) requiring the decision on review to be made by a person of appropriate seniority who was not involved in the original decision, and
(b) as to the circumstances in which the person concerned is entitled to an oral hearing, and whether and by whom the person may be represented at such a hearing.
(10) Regulations under this section—
(a) may contain transitional or saving provision;
(b) are to be made by statutory instrument which—
(i) in the case of regulations made by the Secretary of State, is subject to annulment in pursuance of a resolution of either House of Parliament;
(ii) in the case of regulations made by the Welsh Ministers, is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
97 Corresponding new ground and notice requirements for assured tenancies
(1) In Part 1 of Schedule 2 to the Housing Act 1988 (assured tenancies: grounds on which court must order possession), after ground 7 there is inserted—
Ground 7A
Any of the following conditions is met.
Condition 1 is that—
(a) the tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious offence, and
(b) the serious offence—
(i) was committed (wholly or partly) in, or in the locality of, the dwelling-house,
(ii) was committed elsewhere against a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
(iii) was committed elsewhere against the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and directly or indirectly related to or affected those functions.
Condition 2 is that a court has found in relevant proceedings that the tenant, or a person residing in or visiting the dwelling-house, has breached a provision of an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, other than a provision requiring a person to participate in a particular activity, and—
(a) the breach occurred in, or in the locality of, the dwelling-house, or
(b) the breach occurred elsewhere and the provision breached was a provision intended to prevent—
(i) conduct that is capable of causing nuisance or annoyance to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
(ii) conduct that is capable of causing nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions.
Condition 3 is that the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under section 30 of the Anti-social Behaviour, Crime and Policing Act 2014 consisting of a breach of a provision of a criminal behaviour order prohibiting a person from doing anything described in the order, and the offence involved—
(a) a breach that occurred in, or in the locality of, the dwelling-house, or
(b) a breach that occurred elsewhere of a provision intended to prevent—
(i) behaviour that causes or is likely to cause harassment, alarm or distress to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
(ii) behaviour that causes or is likely to cause harassment, alarm or distress to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions.
Condition 4 is that—
(a) the dwelling-house is or has been subject to a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, and
(b) access to the dwelling-house has been prohibited (under the closure order or under a closure notice issued under section 76 of that Act) for a continuous period of more than 48 hours.
Condition 5 is that—
(a) the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under—
(i) section 80(4) of the Environmental Protection Act 1990 (breach of abatement notice in relation to statutory nuisance), or
(ii) section 82(8) of that Act (breach of court order to abate statutory nuisance etc.), and
(b) the nuisance concerned was noise emitted from the dwelling-house which was a statutory nuisance for the purposes of Part 3 of that Act by virtue of section 79(1)(g) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance).
Condition 1, 2, 3, 4 or 5 is not met if—
(a) there is an appeal against the conviction, finding or order concerned which has not been finally determined, abandoned or withdrawn, or
(b) the final determination of the appeal results in the conviction, finding or order being overturned.
In this ground—
“relevant proceedings” means proceedings for contempt of court or proceedings under Schedule 2 to the Anti-social Behaviour, Crime and Policing Act 2014;
“serious offence” means an offence which—
was committed on or after the day on which this ground comes into force,
is specified, or falls within a description specified, in Schedule 2A to the Housing Act 1985 at the time the offence was committed and at the time the court is considering the matter, and
is not an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either-way offences where value involved is small).
(2) In section 8 of that Act (notice of proceedings for possession)—
(a) in subsection (3)(b), for “subsections (4)” there is substituted “ subsections (3A) ”;
(b) after subsection (3) there is inserted—
(3A) If a notice under this section specifies in accordance with subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether with or without other grounds), the date specified in the notice as mentioned in subsection (3)(b) is not to be earlier than—
(a) in the case of a periodic tenancy, the earliest date on which, apart from section 5(1), the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section;
(b) in the case of a fixed term tenancy, one month after the date on which the notice was served.
;
(c) in subsection (4), for “(whether with or without other grounds)” there is substituted “ (whether without other grounds or with any ground other than Ground 7A) ”;
(d) in subsection (4A), after “other than Ground” there is inserted “ 7A or ”;
(e) after subsection (4B) there is inserted—
(4C) A notice under this section that specifies in accordance with subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether with or without other grounds) must be served on the tenant within the time period specified in subsection (4D), (4E) or (4F).
(4D) Where the landlord proposes to rely on condition 1, 3 or 5 in Ground 7A, the notice must be served on the tenant within—
(a) the period of 12 months beginning with the day of the conviction, or
(b) if there is an appeal against the conviction, the period of 12 months beginning with the day on which the appeal is finally determined or abandoned.
(4E) Where the landlord proposes to rely on condition 2 in Ground 7A, the notice must be served on the tenant within—
(a) the period of 12 months beginning with the day on which the court has made the finding, or
(b) if there is an appeal against the finding, the period of 12 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.
(4F) Where the landlord proposes to rely on condition 4 in Ground 7A, the notice must be served on the tenant within—
(a) the period of 3 months beginning with the day on which the closure order was made, or
(b) if there is an appeal against the making of the order, the period of 3 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.
;
(f) in subsection (5), after “Ground” there is inserted “ 7A or ”.
(1) In Part 1 of Schedule 2 to the Housing Act 1985 (grounds on which court may order possession in relation to secure tenancies if it considers it reasonable), in Ground 2, at the end of paragraph (a) (but before the “or”) there is inserted—
(aa) has been guilty of conduct causing or likely to cause a nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions,
.
(2) In Part 2 of Schedule 2 to the Housing Act 1988 (grounds on which court may order possession in relation to assured tenancies if it considers it reasonable), in Ground 14, at the end of paragraph (a) (but before the “or”) there is inserted—
(aa) has been guilty of conduct causing or likely to cause a nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions,
.