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Crime and Disorder Act 1998
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Changes to legislation:
Crime and Disorder Act 1998, Section 23 is up to date with all changes known to be in force on or before 04 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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Changes and effects yet to be applied to Section 23:
- s. 41(5)(i)(ii) words substituted by 2021 c. 11 Sch. 13 para. 37(3)
- s. 47(A1) inserted by 2022 c. 35 s. 12(2)
- s. 47(1)-(1F) substituted for s. 47(1) by 2022 c. 35 s. 12(3)
- s. 47(4)(a) word substituted by 2022 c. 35 s. 12(6)(b)
- s. 47(4)(a) words renumbered as s. 47(4)(a) by 2022 c. 35 s. 12(6)(a)
- s. 47(4)(b) and word inserted by 2022 c. 35 s. 12(6)(c)
- s. 47(4A) inserted by 2022 c. 35 s. 12(7)
- s. 50A(6) inserted by 2022 c. 35 Sch. 2 para. 8(2)(b)
- s. 51(2A)-(2E) inserted by 2022 c. 35 s. 10(4)
- s. 51(3A)(3B) substituted for s. 51(3)-(12) by 2022 c. 35 s. 10(5)
- s. 51A(A1) inserted by 2022 c. 35 s. 10(7)
- s. 51A(3A)-(3E) inserted by 2022 c. 35 s. 10(9)
- s. 51A(4A)(4B) substituted for s.0051A(4)-(10) by 2022 c. 35 s. 10(10)
- s. 52(2A) inserted by 2022 c. 35 s. 10(11)
- Sch. 3 para. 3(11A) inserted by 2003 c. 44 Sch. 3 para. 71(d)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 41(5)(i)(ii) words substituted by 2021 c. 11 Sch. 13 para. 37(3)
- s. 47(A1) inserted by 2022 c. 35 s. 12(2)
- s. 47(1)-(1F) substituted for s. 47(1) by 2022 c. 35 s. 12(3)
- s. 47(4)(a) word substituted by 2022 c. 35 s. 12(6)(b)
- s. 47(4)(a) words renumbered as s. 47(4)(a) by 2022 c. 35 s. 12(6)(a)
- s. 47(4)(b) and word inserted by 2022 c. 35 s. 12(6)(c)
- s. 47(4A) inserted by 2022 c. 35 s. 12(7)
- s. 50A(6) inserted by 2022 c. 35 Sch. 2 para. 8(2)(b)
- s. 51(2A)-(2E) inserted by 2022 c. 35 s. 10(4)
- s. 51(3A)(3B) substituted for s. 51(3)-(12) by 2022 c. 35 s. 10(5)
- s. 51A(A1) inserted by 2022 c. 35 s. 10(7)
- s. 51A(3A)-(3E) inserted by 2022 c. 35 s. 10(9)
- s. 51A(4A)(4B) substituted for s.0051A(4)-(10) by 2022 c. 35 s. 10(10)
- s. 52(2A) inserted by 2022 c. 35 s. 10(11)
- Sch. 3 para. 3(11A) inserted by 2003 c. 44 Sch. 3 para. 71(d)
23 Anti-social behaviour as ground of eviction.S
(1)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)For Ground 15 in Schedule 5 to the M1Housing (Scotland) Act 1988 (eviction on ground of use of premises for immoral or illegal purposes etc.) there shall be substituted the following—
“ Ground 15The tenant, a person residing or lodging in the house with the tenant or a person visiting the house has—
(a)been convicted of—
(i)using or allowing the house to be used for immoral or illegal purposes; or
(ii)an offence punishable by imprisonment committed in, or in the locality of, the house; or
(b)acted in an anti-social manner in relation to a person residing, visiting or otherwise engaging in lawful activity in the locality; or
(c)pursued a course of anti-social conduct in relation to such a person as is mentioned in head (b) above.
In this Ground “anti-social”, in relation to an action or course of conduct, means causing or likely to cause alarm, distress, nuisance or annoyance, “conduct” includes speech and a course of conduct must involve conduct on at least two occasions and “tenant” includes any one of joint tenants.”
(5)No person shall be liable to eviction under paragraph 2 or 7 of Schedule 3 to the M2Housing (Scotland) Act 1987 or Ground 15 in Schedule 5 to the M3Housing (Scotland) Act 1988 as substituted respectively by subsection (2), (3) and (4) above in respect of any act or conduct before the commencement of this section unless he would have been liable to be evicted under those paragraphs or, as the case may be, that Ground as they had effect before that substitution.
Textual Amendments
F1S. 23(1)-(3) repealed (30.9.2002) by The Housing (Scotland) Act 2001 (asp 10), s. 112, Sch. 10 para. 27; S.S.I. 2002/321, art. 2, Sch. (with arts. 3-5)
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