Crime and Disorder Act 1998

Miscellaneous and supplemental E+W

17 Duty to consider crime and disorder implications. E+W

(1) Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent,

[F1 (a) crime and disorder in its area (including anti-social and other behaviour adversely affecting the local environment); and

(b) the misuse of drugs, alcohol and other substances in its area.]

[F2 (2) This section applies to each of the following—

• a local authority;

• a joint authority;

• [F3 a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

• the London Fire and Emergency Planning Authority;

• a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

• a metropolitan county fire authority;

• a police authority;

• a National Park authority;

• the Broads Authority.

• [F4 the Greater London Authority;

• the London Development Agency;

• Transport for London.]

(3) In this section—

• “local authority” means a local authority within the meaning given by section 270(1) of the M1 Local Government Act 1972 or the Common Council of the City of London;

• “joint authority” has the same meaning as in the M2 Local Government Act 1985;

• “National Park authority” means an authority established under section 63 of the M3 Environment Act 1995.

[F5 (4) The appropriate national authority may by order amend this section by—

(a) adding an entry for any person or body to the list of authorities in subsection (2),

(b) altering or repealing any entry for the time being included in the list, or

(c) adding, altering or repealing provisions for the interpretation of entries in the list.

(5) In subsection (4) “the appropriate national authority” has the same meaning as in section 5.]]]

Textual Amendments

F1 S. 17(1)(a)(b) substituted for words in s. 17(1) (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 4(2); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

F2 S. 17(2) substituted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 4(3); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

F3 Words in s. 17(2) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 119, 148(6), Sch. 6 para. 90; S.I. 2009/3318, art. 2(b)(c)

F4 Words in s. 17(2) inserted (15.2.2008) by The Crime and Disorder Act 1998 (Additional Authorities) Order 2008 (S.I. 2008/78), art. 2

F5 S. 17(4)(5) inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 4(4); S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

Commencement Information

I1 S. 17 wholly in force; S. 17 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M1 1972 c.70.

M2 1985 c.51.

M3 1995 c.25.

[F6 17A Sharing of information E+W

(1) A relevant authority is under a duty to disclose to all other relevant authorities any information held by the authority which is of a prescribed description, at such intervals and in such form as may be prescribed.

(2) In subsection (1) “prescribed” means prescribed in regulations made by the Secretary of State.

(3) The Secretary of State may only prescribe descriptions of information which appears to him to be of potential relevance in relation to the reduction of crime and disorder in any area of England and Wales (including anti-social or other behaviour adversely affecting the local environment in that area).

(4) Nothing in this section requires a relevant authority to disclose any personal data (within the meaning of the Data Protection Act 1998).

(5) In this section “relevant authority” means an authority in England and Wales which is for the time being a relevant authority for the purposes of section 115.]

Textual Amendments

F6 S. 17A inserted (1.8.2007 for E. and 19.11.2007 for W.) by Police and Justice Act 2006 (c. 48), ss. 22, 53(1)(a), Sch. 9 para. 5; S.I. 2007/1614, art 3(b); S.I. 2007/3073, art. 2(a)

18 Interpretation etc. of Chapter I. E+W

(1) In this Chapter—

• “anti-social behaviour order” has the meaning given by section 1(4) above;

• “chief officer of police” has the meaning given by section 101(1) of the M4 Police Act 1996;

• “child safety order” has the meaning given by section 11(1) above;

• “curfew notice” has the meaning given by section 14(6) above;

• [F7 “individual support order” has the meaning given by section 1AA(2) above;]

• “local child curfew scheme” has the meaning given by section 14(1) above;

• [F8 “parental compensation order” has the meaning given by section 13A(1) above;]

• “parenting order” has the meaning given by section 8(4) above;

• “police area” has the meaning given by section 1(2) of the M5 Police Act 1996;

• “police authority” has the meaning given by section 101(1) of that Act;

• “responsible officer”—

  (za)

  [F9 in relation to an individual support order, has the meaning given by section 1AA(10) above;

  (a)

  in relation to a parenting order, has the meaning given by section 8(8) above;

  (b)

  in relation to a child safety order, has the meaning given by section 11(8) above;

• [F10 “serious harm” shall be construed in accordance with section 224 of the Criminal Justice Act 2003;

• F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where directions under a parenting order are to be given by [F13 an officer of a local probation board], [F13 the officer of a local probation board] shall be an officer appointed for or assigned to the [F14 local justice area] within which it appears to the court that the child or, as the case may be, the parent resides or will reside.

[F15 (3A) Where directions under a parenting order are to be given by an officer of a provider of probation services, the officer of a provider of probation services shall be an officer acting in the local justice area within which it appears to the court that the child or, as the case may be, the parent resides or will reside.]

(4) Where the supervision under a child safety order is to be provided, or directions under [F16 an individual support order or] a parenting order are to be given, by—

(a) a social worker of a local authority F17 . . . ; or

(b) a member of a youth offending team,

the social worker or member shall be a social worker of, or a member of a youth offending team established by, the local authority within whose area it appears to the court that [F18 the child, defendant or parent, as the case may be,] resides or will reside.

(5) For the purposes of this Chapter the Inner Temple and the Middle Temple form part of the City of London.]]

Textual Amendments

F7 S. 18(1): definition of "individual support order" inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 323(3)(a), 336(3); S.I. 2004/829 {art. 3(2)(b)}

F8 S. 18(1): definition of "parental compensation order" inserted (20.7.2006 in relation to specified areas) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 144, 178(8), Sch. 10 para. 4; S.I. 2006/1871, art. 2, Sch. (as amended by S.I. 2006/2182, art. 3)

F9 S. 18(1): in definition of "responsible officer", para. (za) inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 323(3)(b), 336(3); S.I. 2004/829 {art. 3(2)(b)}

F10 S. 18(1): definition of "serious harm" inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 336(3), Sch. 32 para. 88(a); S.I. 2005/950, art. 2, Sch. 1 para. 42(33) (with Sch. 2)

F11 S. 18(1): definition of "sex offender order" repealed (8.11.2006) by Violent Crime Reduction Act 2006 (c. 38), ss. 60(3), 65, 66(2)(d), Sch. 5

F12 S. 18(2) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 332, 336(3), Sch. 32 para. 88(b), Sch. 37 Pt. 7; S.I. 2005/950, art. 2, Sch. 1 paras. 42(33), 44(4)(p) (with Sch. 2)

F13 Words in s. 18(3) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 4; S.I. 2001/919, art. 2(f)(i)

F14 Words in s. 18(3) substituted (1.4.2005) by The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 58

F15 S. 18(3A) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 13(5)

F16 Words in s. 18(4) inserted (1.5.2004) by Criminal Justice Act 2003 (c. 44), ss. 323(4)(a), 336(3); S.I. 2004/829 {art. 3(2)(b)}

F17 Words in s. 18(4)(a) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67(8), Sch. 5 Pt. 4, Note; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)

F18 Words in s. 18(4) substituted (1.5.2004) by Criminal Justice Act 2003 (c. 44), s. 323(4)(b), 336(3); S.I. 2004/829 {art. 3(2)(b)}

Modifications etc. (not altering text)

C1 S. 18(3)(4) applied (27.2.2004) by Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), Sch. 1 para. 9D(7) (as inserted by Crime and Disorder Act 2003 (c. 44), ss. 324, 336(3), Sch. 34 para. 6; S.I. 2004/81, art. 5(2)(d))

Commencement Information

I2 S. 18 wholly in force; s. 18 not in force at Royal Assent see s. 121; In force at 30.9.1998 by 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations

M4 1996 c.16.

M5 1996 c.16.