The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 2, Transitional and Transitory Provisions) Order 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force various provisions of the Anti-social Behaviour, Crime and Policing Act 2014 (“the 2014 Act”).

Article 2 brings into force, in relation to England, provisions relating to discretionary grounds for ordering possession of secure and assured tenancies (section 98) and supplemental provisions relating to the recovery of possession of dwelling houses on grounds of anti-social behaviour (section 100).

The provisions of the 2014 Act set out in the Schedule come into force on 13th May 2014 (article 3). These include provisions relating to discretionary grounds for ordering possession of secure and assured tenancies (section 99); provision relating to community remedies (section 101); provisions relating to the response to complaints about anti-social behaviour (sections 104, 105 and Schedule 4); provisions relating to dangerous dogs (sections 106 and 107); provision relating to the British Transport Police (section 112); provision relating to violent offender orders (section 119); provisions relating to the College of Policing (sections 123 to 130); provisions relating to chief officers of police and local policing bodies (sections 141 and 142); provisions relating to personal samples and DNA profiles (sections 144 to 146); provisions relating to port and border controls (section 148 and Schedule 9); provisions relating to the power of community support officers (section 152 and Schedule 10); provision relating to the use of amplified noise equipment in the vicinity of the Palace of Westminster (section 153); provision relating to low-value shoplifting (section 176); and provision relating to protection arrangement for persons at risk (section 178).

Article 4 brings section 179 of the 2014 Act into force on 1st June 2014. This provision relates to surcharges in respect of imprisonment in default and remission of fines.

Article 5 brings sections 120 and 121 of the 2014 Act into force on 16th June 2014. These provisions relate to forced marriage.

Article 6 brings sections 108 to 111 of the 2014 Act into force on 14th July 2014. These provisions relate to firearms.

Articles 7 to 10 make transitional provisions. Article 7 makes transitional provision to make clear that the new grounds for possession of dwelling-houses for offences connected with a riot (Ground 2ZA of Part 1 of Schedule 2 to the Housing Act 1985 and Ground 14ZA of Part 2 of Schedule 2 to the Housing Act 1988) only apply where the offence was committed on or after 13th May 2014.

Article 8 contains transitional provisions to the effect that until section 104(4) is commenced, section 104(5) is to be read as if the word “other” were omitted.

Article 9 ensures that the increased relevant maximum sentences for offences under the Dangerous Dogs Act 1991, which are brought into force by section 106(2)(d)(iii) and (e) of the 2014 Act, shall not apply retrospectively (to offences committed before the commencement of these provisions).

Under article 10, section 120 is not commenced in any case where a power of arrest has been attached to a forced marriage protection order before 16th June 2014. The exception to this is where the power of arrest ceases to have effect on or after 16th June 2014.

Article 11 makes transitory modifications to section 138 of, and Schedule 1 to, the Housing Act 1985 and Schedule 1 to the Housing Act 1988 until sections 94 to 97 of the 2014 Act (absolute grounds for possession) come into force.