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Statutory Instruments

2004 No. 690 (C. 26)

ENVIRONMENTAL PROTECTION, ENGLAND AND WALES

CRIMINAL LAW, ENGLAND AND WALES

The Anti-social Behaviour Act 2003 (Commencement No. 2) Order 2004

Made

8th March 2004

In exercise of the powers conferred upon him by section 93 of the Anti-social Behaviour Act 2003( 1 ), the Secretary of State hereby makes the following Order:

1. This Order may be cited as the Anti-social Behaviour Act 2003 (Commencement No. 2) Order 2004.

2. The following provisions of the Anti-social Behaviour Act 2003 shall come into force on 31st March 2004β€”

(a) in Part 6 (the environment)β€”

(i) section 46 (powers of police civilians); and

(ii) section 54 (sale of aerosol paint to children);

(b) in Part 9 (miscellaneous powers)β€”

(i) section 85(4) to the extent not already in force, (9), (10) and (11) (anti-social behaviour orders);

(ii) section 85(5) and (6) in so far as they relate to persons aged 18 or over (anti-social behaviour orders);

(iii) section 86(1), (2) and (3) to the extent not already in force (certain orders made on conviction of offences); and

(iv) section 89(5) (extension of powers of community support officers etc. );

(c) in Part 10 (general)β€”

(i) section 92 (repeals) in so far as it relates to the entry in Schedule 3 in paragraph (ii) below; and

(ii) the entry in Schedule 3 relating to the Noise Act 1996( 2 ).

3. The following provisions of Part 6 (the environment) of the Anti-social Behaviour Act 2003 shall come into force on 31st March 2004 in England onlyβ€”

(a) section 40 (closure of noisy premises);

(b) section 41 (closure of noisy premises: supplemental);

(c) section 42 (dealing with noise at night);

(d) section 43 (penalty notices for graffiti and fly-posting);

(e) section 44 (meaning of relevant offence);

(f) section 45 (penalty receipts);

(g) section 47 (interpretation etc );

(h) section 55 (unlawfully deposited waste etc); and

(i) section 56 (extension of litter authority powers to take remedial action).

4. β€”(1) The following provisions of Part 6 (the environment) of the Anti-social Behaviour Act 2003 shall come into force in the areas of the local authorities in England specified in paragraph (2) below on 31st March 2004β€”

(a) section 48 (graffiti removal notices);

(b) section 49 (recovery of expenditure);

(c) section 50 (guidance);

(d) section 51 (appeals); and

(e) section 52 (exemption from liability in relation to graffiti removal notices).

(2) The following local authorities are specified for the purposes of paragraph (1) aboveβ€”

(a) Barnsley Metropolitan Borough Council;

(b) Bristol City Council;

(c) Cambridge City Council;

(d) Dartford Borough Council;

(e) Doncaster Metropolitan Borough Council;

(f) Epping Forest District Council;

(g) Kirklees Metropolitan Borough Council;

(h) London Borough of Merton;

(i) London Borough of Westminster;

(j) Northampton Borough Council;

(k) Southampton City Council; and

(l) Wansbeck District Council.

Hazel Blears

Minister of State

Home Office

8th March 2004

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Anti-social Behaviour Act 2003 (Commencement No. 2) Order 2004 (2004/690)

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