Crime and Policing Act 2026

Schedule 2 Closure of premises by registered social housing provider

Section 5 1 The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows. 2 In section 76 (power to issue closure notices)— (a) in subsection (1)— (i) omit “or”, in the first place it appears; (ii) after “authority,” insert “or a registered social housing provider (“RSH provider”),”; (b) after subsection (1) insert— (1A) An RSH provider may only issue a closure notice in respect of premises owned or managed by that provider. ; (c) in subsection (7)— (i) for “or local authority” substitute “, local authority or RSH provider”; (ii) for “or authority” substitute “, authority or provider”. 3 In section 77 (duration of closure notices)— (a) in subsection (2)— (i) omit “or” at the end of paragraph (a); (ii) after paragraph (b) insert , 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. ; (b) in subsection (4)— (i) omit “or” at the end of paragraph (a); (ii) after paragraph (b) insert , 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. ; (c) after subsection (6) insert— (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. 4 In section 78 (cancellation or variation of closure notices)— (a) in subsections (1), (2), (3) and (6), for “officer or authority” substitute “person”; (b) after subsection (4), insert— (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). ; (c) in subsection (5)— (i) after “local authority” insert “or RSH provider”; (ii) after “section 77(4)(b)” insert “or (c) (as the case may be)”; (d) in subsection (6), after paragraph (c) insert— (d) in the case of a closure notice issued by an RSH provider, that provider. 5 In section 79 (service of notices)— (a) in subsection (1), after paragraph (b) insert ; (c) a representative of the provider that issued the notice, in the case of a notice issued by an RSH provider. ; (b) in subsections (2), (3) and (4), omit “local authority”; (c) after subsection (5) insert— (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. 6 In section 80 (power of court to make closure orders), in subsection (2), after paragraph (b) insert— (c) by the provider that issued the closure notice, if the notice was issued by an RSH provider. 7 In section 82 (extension of closure orders)— (a) in subsection (2), after paragraph (b) insert— (c) where the closure order was made on the application of an RSH provider, that provider. ; (b) in subsection (3)— (i) for “or local authority” substitute “, local authority or RSH provider”; (ii) for “the appropriate consultee has been consulted” substitute “appropriate consultation”; (iii) after “application” insert “has been carried out”; (c) for subsection (4) substitute— (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. 8 In section 83 (discharge of closure orders)— (a) in subsection (2), after paragraph (b) insert— (ba) the provider that applied for the closure order, where the order was made on the application of an RSH provider; ; (b) after subsection (6) insert— (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). 9 In section 84 (appeals), after subsection (3) insert— (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. 10 In section 85 (enforcement of closure orders), in subsection (2), after paragraph (b) insert ; (c) in relation to a closure order made on the application of an RSH provider, means a person authorised by that provider. 11 In section 87 (access to other premises), in subsection (3), after paragraph (b) insert— (ba) the RSH provider, in a case where that RSH provider owns or manages the premises; . 12 In section 88 (reimbursement of costs)— (a) in subsection (1), for “or a local authority” substitute “, a local authority or an RSH provider”; (b) in subsection (5)— (i) in paragraph (a), after “authority” insert “or an RSH provider”; (ii) in paragraph (b), after “body” insert “or an RSH provider”; (c) after subsection (5) insert— (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. 13 In section 89 (exemption from liability)— (a) after subsection (2) insert— (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. ; (b) in subsection (3), for “and (2)” substitute “to (2A)”; (c) in subsection (4), for “and (2)” substitute “to (2A)”. 14 In section 91 (guidance), in subsection (1)(b), after “authorities” insert “and RSH providers”. 15 In section 92 (interpretation)— (a) in subsection (1), insert at the appropriate place— “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; ; (b) after subsection (3), insert— (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.