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Statutory Instruments

2004 No. 1502 (C.61)

HOUSING, ENGLAND

CRIMINAL LAW, ENGLAND AND WALES,

LOCAL GOVERNMENT, ENGLAND

Anti-social Behaviour Act 2003 (Commencement No. 3 and Savings) Order 2004

Made

7th June 2004

The Secretary of State, in exercise of the powers conferred upon him by sections 93(1), 93(2)(a) and 94(2) of the Anti-social Behaviour Act 2003( 1 ) hereby makes the following Order:

Citation and interpretation

1. β€”(1) This Order may be cited as the Anti-social Behaviour Act 2003 (Commencement No. 3 and Savings) Order 2004.

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

Provisions coming into force on the commencement dates

2. The following provisions shall come into force in England on 30th June 2004, subject to the savings in the Schedule to this Order–

(a) in Part 2 (housing)–

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

(ii) section 13 (injunctions against anti-social behaviour on the application of certain social landlords);

(iii) section 14 (security of tenure: anti-social behaviour) and Schedule 1 (demoted tenancies);

(iv) section 15 (demoted assured shorthold tenancies);

(v) section 16 (proceedings for possession: anti-social behaviour); and

(vi) section 17 (devolution: Wales);

(b) in Part 9 (miscellaneous powers), section 91 (proceedings under section 222 of the Local Government Act 1972: power of arrest attached to injunction);

(c) in Part 10 (general)–

(i) section 92 (repeals) in so far as it relates to the entries in Schedule 3 relating to the Housing Act 1996( 2 ); and

(ii) the entries in Schedule 3 relating to the Housing Act 1996.

3. In Part 9 (miscellaneous powers), section 90 (report by local authority in certain cases where person remanded on bail) shall come into force on 31 July 2004.

Signed by authority of the First Secretary of State

Yvette Cooper

Parliamentary Under Secretary of State,

Office of the Deputy Prime Minister

7th June 2004

SCHEDULE Savings

1. The amendments made to Chapter 3 of Part 5 of the Housing Act 1996 by section 13 and the repeals in Schedule 3 of sections 152 and 153, and in section 158, of that Act, shall not have effect in relation to–

(a) any application for an injunction under section 152, or to which section 153 of that Act applies, issued before 30th June 2004;

(b) any injunction granted pursuant to such an application;

(c) any power of arrest attached to any provision of such an injunction;

(d) any other court order granted, or proceedings arising, in connection with such an application or such an injunction.

2. The amendments made to the Housing Act 1985( 3 ) and the Housing Act 1988( 4 ) by section 16 shall not have effect in relation to any proceedings for the possession of a dwelling-house begun before 30th June 2004.

3. Section 91 shall not have effect in relation to –

(a) any application for an injunction under section 222 of the Local Government Act 1972 issued before 30th June;

(b) any injunction granted pursuant to such an application.

( 1 )

2003 c. 38 . For the commencement of Part 2 and section 91 of the Anti-social Behaviour Act 2003 so far as relating to Wales, see section 93(2)(b) of that Act.

( 2 )

1996 c. 52 .

( 3 )

1985 c. 68 .

( 4 )

1988 c. 50 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Anti-social Behaviour Act 2003 (Commencement No. 3 and Savings) Order 2004 (2004/1502)

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