- Latest available (Revised)
- Point in Time (15/04/2015)
- Original (As enacted)
Version Superseded: 08/05/2017
Point in time view as at 15/04/2015. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Anti-social Behaviour, Crime and Policing Act 2014, Section 104 is up to date with all changes known to be in force on or before 16 August 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 and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)In a case where a person has made a complaint about anti-social behaviour in a particular local government area, the relevant bodies in that area must carry out a review of the response to that behaviour (an “ASB case review)” if—
(a)that person, or any other person, makes an application for such a review, and
(b)the relevant bodies decide that the threshold for a review is met.
(2)The relevant bodies in each local government area must—
(a)make arrangements about the carrying out of ASB case reviews by those bodies (“review procedures”), and
(b)ensure that the current review procedures are published.
(3)The review procedures must include provision about the making of applications for ASB case reviews; and, in particular, must—
(a)specify the point of contact for making applications, and
(b)ensure that applications made to that point of contact are passed on to all the relevant bodies in the local government area.
(4)In a situation where—
(a)an application for an ASB case review is made, and
(b)at least three (or, if a different number is specified in the review procedures, at least that number of) qualifying complaints have been made about the anti-social behaviour to which the application relates,
the relevant bodies must decide that the threshold for a review is met.
(5)In any other situation where an application for an ASB case review is made, the question whether the threshold for a review is met must be decided by the relevant bodies in accordance with the review procedures; and the procedures may, in particular, include provision for this purpose which is framed by reference to any of these matters—
(a)the persistence of the anti-social behaviour about which the original complaint was made;
(b)the harm caused, or the potential for harm to be caused, by that behaviour;
(c)the adequacy of the response to that behaviour.
(6)After the relevant bodies have decided whether or not the threshold for a review is met, they must inform the applicant of their decision.
(7)The relevant bodies who carry out an ASB case review may make recommendations to a person who exercises public functions (including recommendations to a relevant body) in respect of any matters arising from the review; and the person must have regard to the recommendations in exercising public functions.
(8)The relevant bodies who carry out an ASB case review must inform the applicant of—
(a)the outcome of the review, and
(b)any recommendations made in accordance with subsection (7).
(9)As soon as practicable after the end of a reporting period, the relevant bodies in a local government area must publish information about the following matters which relates to that period—
(a)the number of applications for ASB case reviews made to those bodies;
(b)the number of times those bodies decided that the threshold for a review was not met;
(c)the number of ASB case reviews those bodies have carried out;
(d)the number of ASB case reviews carried out by those bodies that have resulted in recommendations being made.
(10)The question whether a complaint made about anti-social behaviour is a “qualifying complaint” for the purposes of subsection (4) is to be determined in accordance with subsections (11) and (12).
(11)A complaint about anti-social behaviour is a qualifying complaint if—
(a)the complaint is made within the period of one month (or, if a different period is specified in the review procedures, that period) beginning with the date on which the behaviour is alleged to have occurred; and
(b)the application for the ASB case review is made within the period of six months (or, if a different period is specified in the review procedures, that period) beginning with the date on which the complaint is made.
(12)But where a person makes two or more complaints about anti-social behaviour which meet the requirements in subsection (11), the question of which complaint is, or which complaints are, qualifying complaints is to be decided by the relevant bodies in accordance with the review procedures.
The procedures may, in particular, include provision for this purpose which is framed by reference to whether different complaints relate to different aspects of particular anti-social behaviour (including different incidents comprised in particular anti-social behaviour).
(13)Schedule 4 (ASB case reviews: supplementary provision) has effect.
Commencement Information
I1S. 104(1)(2)(b)(4)(6)-(12) in force at 20.10.2014 by S.I. 2014/2590, art. 3(d)
I2S. 104(2)(a)(3)(5) in force at 13.5.2014 for specified purposes by S.I. 2014/949, art. 3, Sch. para. 3 (with art. 8)
I3S. 104(2)(a)(3)(5)(13) in force at 20.10.2014 in so far as not already in force by S.I. 2014/2590, art. 3(d)
I4S. 104(13) in force at 13.5.2014 for specified purposes by S.I. 2014/949, art. 3, Sch. para. 4
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: