Anti-social Behaviour, Crime and Policing Act 2014

Section 104

SCHEDULE 4 E+W ASB case reviews: supplementary provision

PART 1 E+W Making and revising review procedures etc

Consultation: local policing bodies E+W

1 (1) In making and revising the review procedures, the relevant bodies in a local government area must consult the local policing body for the relevant police area. E+W

(2) The “relevant police area” is the police area which consists of, or includes, the local government area.

Commencement Information

I1 Sch. 4 para. 1 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 20(a)

Consultation: local providers of social housing E+W

2 E+W In making and revising the review procedures, the relevant bodies in a local government area must consult such local providers of social housing as they consider appropriate.

Commencement Information

I2 Sch. 4 para. 2 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 20(a)

Dissatisfaction with ASB case reviews E+W

3 E+W The review procedures must include provision about what is to happen where an applicant is dissatisfied with the way in which the relevant bodies have—

(a) dealt with an application for an ASB case review, or

(b) carried out an ASB case review.

Commencement Information

I3 Sch. 4 para. 3 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 20(a)

Assessment and revision of review procedures E+W

4 E+W The review procedures must include provision about—

(a) the assessment of the effectiveness of those procedures, and

(b) the revision of those procedures.

Commencement Information

I4 Sch. 4 para. 4 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 20(a)

PART 2 E+W Inclusion of local providers of social housing among relevant bodies

Co-option arrangements E+W

5 (1) The responsible authorities in a local government area must make arrangements (“co-option arrangements”) for the inclusion of local providers of social housing among the relevant bodies in that area. E+W

(2) In this paragraph “responsible authorities” means—

(a) in relation to a local government area in England—

(i) the relevant district council or the unitary authority,

(ii) the chief officer of police for the police area which that local government area is within, and

(iii) each clinical commissioning group established under section 14V of the National Health Service Act 2006 whose area is wholly or partly within that local government area;

(b) in relation to a local government area in Wales—

(i) the council for the area,

(ii) the chief officer of police for the police area which that local government area is within, and

(iii) each Local Health Board whose area is wholly or partly within that local government area.

Commencement Information

I5 Sch. 4 para. 5 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 20(a)

PART 3 E+W ASB case reviews

Consultation and co-operation: local providers of social housing E+W

6 (1) The relevant bodies in a local government area must consult such local providers of social housing as they consider appropriate in carrying out ASB case reviews. E+W

(2) The local providers of social housing must co-operate with the relevant bodies in the local government area in any matters specified by the relevant bodies that concern ASB case reviews.

Commencement Information

I6 Sch. 4 para. 6 in force at 20.10.2014 by S.I. 2014/2590, art. 3(f)

Information E+W

7 (1) The relevant bodies in a local government area may request any person to disclose information for a purpose connected with the carrying out of an ASB case review. E+W

(2) If such a request is made to a person that exercises public functions, and that person possesses the requested information in connection with the exercise of such functions, the person must (subject to sub-paragraph (4)) comply with the request.

(3) If such a request is made to a person who is not required by sub-paragraph (2) to disclose the requested information, the person may (subject to sub-paragraph (4)) comply with the request.

(4) This paragraph does not require or authorise—

(a) a disclosure, in contravention of any provisions of [F1 the data protection legislation], of personal data which [F2 is] not exempt from those provisions, or

(b) a disclosure which is prohibited by [F3 any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016].

(5) Subject to that, a disclosure under this paragraph does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

[F4 (6) In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]

Textual Amendments

F1 Words in Sch. 4 para. 7(4) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 185(2)(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F2 Word in Sch. 4 para. 7(4) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 185(2)(b) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F3 Words in Sch. 4 para. 7(4)(b) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 32 (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)

F4 Sch. 4 para. 7(6) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 185(3) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Commencement Information

I7 Sch. 4 para. 7 in force at 20.10.2014 by S.I. 2014/2590, art. 3(f)

PART 4 E+W General

Joint review procedures or co-option arrangements E+W

8 (1) The relevant bodies in two or more local government areas— E+W

(a) may jointly make review procedures applicable to those areas;

(b) must secure that such jointly-made review procedures are in place if co-option arrangements applicable to those areas have been jointly made under sub-paragraph (2).

(2) The responsible authorities in two or more local government areas—

(a) may jointly make co-option arrangements applicable to those areas;

(b) must secure that such jointly-made co-option arrangements are in place if review procedures applicable to those areas have been jointly made under sub-paragraph (1).

(3) In a case where review procedures or co-option arrangements are made jointly in accordance with this paragraph, a reference to any of the following in section 104, section 105 or this Schedule is to be read accordingly—

(a) the relevant bodies (in the case of review procedures) or the responsible authorities (in the case of co-option arrangements);

(b) the local government area or the relevant police area (in either case).

Commencement Information

I8 Sch. 4 para. 8 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 20(b)

Different review procedures or co-option arrangements for different parts of an area etc E+W

9 (1) Review procedures may make different provision in relation to different parts of a local government area. E+W

(2) Review procedures or co-option arrangements made jointly in accordance with paragraph 8 may make different provision in relation to—

(a) different local government areas to which the procedures or arrangements are applicable, or

(b) different parts of such areas.

Commencement Information

I9 Sch. 4 para. 9 in force at 13.5.2014 by S.I. 2014/949, art. 3, Sch. para. 20(b)