2004 No. 2557 (W.228) (C.107)
The Anti-social Behaviour Act 2003 (Commencement No.2 and Savings) (Wales) Order 2004
Made
The National Assembly for Wales, in exercise of the powers conferred upon it by section 93(2)(b) and 94(2) of the Anti-social Behaviour Act 20031, hereby makes the following Order:
Name, interpretation and application1
1
This Order is called the Anti-social Behaviour Act 2003 (Commencement No.2 and Savings) (Wales) Order 2004.
2
In this Order—
a
“the commencement date” (“y dyddiad cychwyn”) means 30 September 2004; and
b
references to sections and Schedules are, unless otherwise stated, references to sections of, and Schedules to, the Anti-social Behaviour Act 20031.
3
This Order applies to Wales.
Provisions coming into force on the commencement date2
The following provisions shall come into force on the commencement date, subject to the savings in the Schedule to this Order—
a
in Part 2 (housing)—
i
section 13 (injunctions against anti-social behaviour on the application of certain social landlords);
ii
section 14 and Schedule 1 (security of tenure: anti-social behaviour) (demoted tenancies) in so far as they confer the power to make regulations;
iii
section 16 (proceedings for possession: anti-social behaviour); and
iv
section 17 (devolution: Wales);
b
in Part 9 (miscellaneous powers) section 91 (section 222 of the Local Government Act 19722: power of arrest attached to injunction).
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 19983
SCHEDULESavings
1
The amendments made to Chapter 3 of Part 5 of the Housing Act 1996(b) by section 13 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 the commencement date; or
b
any injunction granted pursuant to such an application; or
c
any power of arrest attached to any provision of such an injunction; or
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 19726 issued before the commencement date;
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)
The provisions of the Act which are referred to in the table below have been brought into force in relation to both Wales and England by a Commencement Order made before the date of this Order.
Section or Schedule | Date of commencement | S.I. Number |
---|---|---|
1 to 11 | 20 January 2004 | |
18 | 27 February 2004 | |
23 | 27 February 2004 | |
25 to 29 | 27 February 2004 | |
30 to 38 | 20 January 2004 | |
39(1) and (2) | 20 January 2004 | |
39(3) (in part) | 20 January 2004 | |
39(3) (remainder) | 30 April 2004 | |
39(4), (5) and (6) | 20 January 2004 | |
46 | 31 March 2004 | |
53 | 20 January 2004 | |
54 | 31 March 2004 | |
57 to 59 | 20 January 2004 | |
60 to 64 | 27 February 2004 | |
85(1), (2) and (3) | 20 January 2004 | |
85 (4) (in part) | 20 January 2004 | |
85(4) (remainder) | 31 March 2004 | |
85(5) | 31 March 2004 | |
85(6) (in part) | 31 March 2004 | |
85(6) (remainder) | 30 September 2004 | |
85(7) | 20 January 2004 | |
85(8) | 27 February 2004 | |
85(9), (10) and (11) | 31 March 2004 | |
86(1) and (2) | 31 March 2004 | |
86(3) (in part) | 20 January 2004 | |
86(3) (remainder) | 31 March 2004 | |
86(4), (5) and (6) | 20 January 2004 | |
87 | 20 January 2004 | |
88 (in part) | 30 September 2004 | |
89(1), (2), (3) and (4), | 20 January 2004 | |
89(5) | 31 March 2004 | |
89(6) and (7) | 20 January 2004 | |
90 | 31 July 2004 | |
92 (in part) | 20 January 2004 | |
92 (in part) | 31 March 2004 | |
92 (in part) | 30 September 2004 | |
Schedule 2 (in part) | 30 September 2004 | |
Schedule 3 (in part) | 20 January 2004 | |
Schedule 3 (in part) | 30 september | |
Schedule 3 (in part) | 31 March 2004 |
The provisions of the Act which are referred to in the table below have been brought into force in relation to Wales by a Commencement Order made before the date of this Order.
Section or Schedule | Date of commencement | S.I. Number |
---|---|---|
40 to 45 | 31 March 2004 | |
47 to 52 | 31 March 2004 | |
55 and 56 | 31 March 2004 |