2004 No. 1502 (C.61)
Anti-social Behaviour Act 2003 (Commencement No. 3 and Savings) Order 2004
Made
The Secretary of State, in exercise of the powers conferred upon him by sections 93(1), 93(2)(a) and 94(2) of the Anti-social Behaviour Act 20031 hereby makes the following Order:
Citation and interpretation1
1
This Order may be cited as the Anti-social Behaviour Act 2003 (Commencement No. 3 and Savings) Order 2004.
2
In this Order references to sections and Schedules are, unless otherwise stated, references to sections of, and Schedules to, the Anti-social Behaviour Act 2003.
Provisions coming into force on the commencement dates
2
The following provisions shall come into force in England on 30th June 2004, subject to the savings in the Schedule to this Order–
a
in Part 2 (housing)–
i
section 12 (anti-social behaviour: landlords' policies and procedures);
ii
section 13 (injunctions against anti-social behaviour on the application of certain social landlords);
iii
section 14 (security of tenure: anti-social behaviour) and Schedule 1 (demoted tenancies);
iv
section 15 (demoted assured shorthold tenancies);
v
section 16 (proceedings for possession: anti-social behaviour); and
vi
section 17 (devolution: Wales);
b
in Part 9 (miscellaneous powers), section 91 (proceedings under section 222 of the Local Government Act 1972: power of arrest attached to injunction);
c
in Part 10 (general)–
i
section 92 (repeals) in so far as it relates to the entries in Schedule 3 relating to the Housing Act 19962; and
ii
the entries in Schedule 3 relating to the Housing Act 1996.
3
In Part 9 (miscellaneous powers), section 90 (report by local authority in certain cases where person remanded on bail) shall come into force on 31 July 2004.
Signed by authority of the First Secretary of State
SCHEDULESavings
1
The amendments made to Chapter 3 of Part 5 of the Housing Act 1996 by section 13 and the repeals in Schedule 3 of sections 152 and 153, and in section 158, of that Act, shall not have effect in relation to–
a
any application for an injunction under section 152, or to which section 153 of that Act applies, issued before 30th June 2004;
b
any injunction granted pursuant to such an application;
c
any power of arrest attached to any provision of such an injunction;
d
any other court order granted, or proceedings arising, in connection with such an application or such an injunction.
2
3
Section 91 shall not have effect in relation to –
a
any application for an injunction under section 222 of the Local Government Act 1972 issued before 30th June;
b
any injunction granted pursuant to such an application.
(This note is not part of the Order)
(This note is not part of the Order)
Provision | Date of Commencement | S.I.No. |
---|---|---|
Sections 1 to 11, Sections 30 to 36, Sections 37,38 and 39(1)(2)(3) (partially)(4)(5) and (6) Section 53 Sections 57 to 59 Sections 85(1)(2)(3) (4) (partially) and (7), 86(3) (partially) (4)(5) and(6),87 and 89(1)(2)(3)(4)(6) and(7) Section 92 and Schedule 3 (partially) | 20th January 2004 | |
Sections 18, 23, 25 to 29 Sections 60 to 64) Section 85(8) Sections 19 to 22 and 24, in England only | 27th February 2004 | |
Section 39(3) to the extent not already in force, subject to the transitional provisions in article 5(2) | 30th April 2004 | |
Sections 46 and 54 Sections 85(4) to the extent not already in force (9), (10) and (11), 85(5) and (6) (partially), section 86(1), (2) and (3) to the extent not already in force, and 89(5) Section 92 and Schedule 3 (partially) Sections 40 to 45, 47, 55 and 56, in England only Sections 48 to 52 (partially) | 31st March 2004 |