Anti-social Behaviour Act 2003

[F1 11A Part 1A closure notice E+W

(1) This section applies to premises if a police officer not below the rank of superintendent (“the authorising officer”) or the local authority has reasonable grounds for believing—

(a) that at any time during the relevant period a person has engaged in anti-social behaviour on the premises, and

(b) that the use of the premises is associated with significant and persistent disorder or persistent serious nuisance to members of the public.

(2) The authorising officer may authorise the issue of a Part 1A closure notice in respect of the premises if the officer is satisfied—

(a) that the local authority has been consulted; and

(b) that reasonable steps have been taken to establish the identity of any person who lives on the premises or who has control of or responsibility for, or an interest in, the premises.

(3) The local authority may authorise the issue of a Part 1A closure notice in respect of the premises if it is satisfied—

(a) that the appropriate chief officer has been consulted; and

(b) that reasonable steps have been taken to establish the identity of any person who lives on the premises or who has control of or responsibility for, or an interest in, the premises.

(4) An authorisation under subsection (2) or (3) may be given orally or in writing, but if it is given orally the authorising officer or local authority (as the case may be) must confirm it in writing as soon as it is practicable.

(5) A Part 1A closure notice must—

(a) give notice that an application will be made under section 11B for the closure of the premises;

(b) state that access to the premises by any person other than a person who habitually resides in the premises or the owner of the premises is prohibited;

(c) specify the date and time when, and the place at which, the application will be heard;

(d) explain the effects of an order made in pursuance of section 11B;

(e) state that failure to comply with the notice amounts to an offence; and

(f) give information about relevant advice providers.

(6) A Part 1A closure notice must be served by—

(a) a constable if its issue was authorised by the authorising officer, or

(b) an employee of the local authority if its issue was authorised by the authority.

(7) Service is effected by—

(a) fixing a copy of the notice to at least one prominent place on the premises,

(b) fixing a copy of the notice to each normal means of access to the premises,

(c) fixing a copy of the notice to any outbuildings which appear to the server of the notice to be used with or as part of the premises,

(d) giving a copy of the notice to at least one person who appears to the server of the notice to have control of or responsibility for the premises, and

(e) giving a copy of the notice to the persons identified in pursuance of subsection (2)(b) or (3)(b) (as the case may be) and to any other person appearing to the server of the notice to be a person of a description mentioned in that provision.

(8) The Part 1A closure notice must also be served on any person who occupies any other part of the building or other structure in which the premises are situated if the server of the notice reasonably believes, at the time of serving the notice under subsection (7), that the person's access to the other part of the building or structure will be impeded if a Part 1A closure order is made under section 11B.

(9) A person acting under subsection (7) may enter any premises, using reasonable force if necessary, for the purposes of complying with subsection (7)(a).

(10) The Secretary of State may by regulations specify premises or descriptions of premises to which this section does not apply.

(11) In this section—

• “information about relevant advice providers” means information about the names of, and means of contacting, persons and organisations in the area that provide advice about housing and legal matters;

• “the relevant period” means the period of 3 months ending with the day on which the authorising officer or the local authority (as the case may be) considers whether to authorise the issue of a Part 1A closure notice in respect of the premises.]

Textual Amendments

F1 Pt. 1A inserted (1.12.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 118, 153(7), Sch. 20; S.I. 2008/2993, art. 2(1)(b)(g)