Anti-social Behaviour, Crime and Policing Act 2014

Section 104

SCHEDULE 4 ASB case reviews: supplementary provision

PART 1 Making and revising review procedures etc

Consultation: local policing bodies

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.

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

Consultation: local providers of social housing

2 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.

Dissatisfaction with ASB case reviews

3 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.

Assessment and revision of review procedures

4 The review procedures must include provision about—

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

(b) the revision of those procedures.

PART 2 Inclusion of local providers of social housing among relevant bodies

Co-option arrangements

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.

(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.

PART 3 ASB case reviews

Consultation and co-operation: local providers of social housing

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.

(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.

Information

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.

(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 the Data Protection Act 1998, of personal data which are not exempt from those provisions, or

(b) a disclosure which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.

(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).

PART 4 General

Joint review procedures or co-option arrangements

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

(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).

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

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

(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.