Welsh Statutory Instruments
2005 No. 1225 (W.83) (C.55)
HOUSING, WALES
ANTI-SOCIAL BEHAVIOUR, WALES
LOCAL GOVERNMENT, WALES
The Anti-social Behaviour Act 2003 (Commencement No.4) (Wales) Order 2005
Made
26 April 2005
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 2003(1), hereby makes the following Order:
Name, interpretation and application
1.—(1) This Order is called the Anti-social Behaviour Act 2003 (Commencement No.4) (Wales) Order 2005.
(2) In this Order—
(a)“the commencement date” (“y dyddiad cychwyn”) means 30 April 2005; and
(b)references to sections and Schedules are, unless otherwise stated, references to sections of, and Schedules to, the Anti-social Behaviour Act 2003.
(3) This Order applies to Wales.
Provisions coming into force on the commencement date
2. The following provisions of Part 2 (Housing) come into force on the commencement date—
(a)section 12 (anti-social behaviour: landlords' policies and procedures);
(b)section 14 and schedule 1 (security of tenure: anti-social behaviour) (demoted tenancies) to the extent that they are not already in force;
(c)section 15 (demoted assured shorthold tenancies).
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(2).
D. Elis-Thomas
The Presiding Officer of the National Assembly
26 April 2005
Explanatory Note
(This note is not part of the Order)
This Order brings into force on 30 April 2005, in relation to Wales, the remainder of the provisions of Part 2 (Housing) of the Anti-social Behaviour Act 2003.
Section 12 introduces a new duty on social landlords to prepare and publish policies and procedures on anti-social behaviour, and to make them available to the public. In preparing and reviewing the policies and procedures, the landlord must have regard to guidance issued by the National Assembly for Wales.
Sections 14 and 15, and Schedule 1 allow social landlords to apply for demotion orders in cases of anti-social behaviour. The demotion order ends the tenant’s existing secure or assured tenancy and replaces it with a new form of demoted tenancy with less security of tenure. Section 14 and Schedule 1 were commenced in so far they gave the power to make regulations on 30 September 2004.
Note as to Earlier Commencement Orders
(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 | 2003/3300 |
| 18 | 27 February 2004 | 2003/3300 |
| 23 | 27 February 2004 | 2003/3300 |
| 25 to 29 | 27 February 2004 | 2003/3300 |
| 30 to 38 | 20 January 2004 | 2003/3300 |
| 39(1) and (2) | 20 January 2004 | 2003/3300 |
| 39(3) (in part) | 20 January 2004 | 2003/3300 |
| 39(3) (remainder) | 30 April 2004 | 2003/3300 |
| 39(4), (5) and (6) | 20 January 2004 | 2003/3300 |
| 46 | 31 March 2004 | 2004/690 |
| 53 | 20 January 2004 | 2003/3300 |
| 54 | 31 March 2004 | 2004/690 |
| 57 to 59 | 20 January 2004 | 2003/3300 |
| 60 to 64 | 27 February 2004 | 2003/3300 |
| 85(1), (2) and (3) | 20 January 2004 | 2003/3300 |
| 85 (4) (in part) | 20 January 2004 | 2003/3300 |
| 85(4) (remainder) | 31 March 2004 | 2004/690 |
| 85(5) (in part) | 31 March 2004 | 2004/690 |
| 85(5) (remainder) (limited application) | 1 October 2004 for a period of 18 months | 2004/2168 |
| 85(6) (in part) | 31 March 2004 | 2004/690 |
| 85(6) (remainder) | 30 September 2004 | 2004/2168 |
| 85(7) | 20 January 2004 | 2003/3300 |
| 85(8) | 27 February 2004 | 2003/3300 |
| 85(9), (10) and (11) | 31 March 2004 | 2004/690 |
| 86(1) and (2) | 31 March 2004 | 2004/690 |
| 86(3) (in part) | 20 January 2004 | 2003/3300 |
| 86(3) (remainder) | 31 March 2004 | 2004/690 |
| 86(4), (5) and (6) | 20 January 2004 | 2003/3300 |
| 87 | 20 January 2004 | 2003/3300 |
| 88 (in part) | 30 September 2004 | 2004/2168 |
| 89(1), (2), (3) and (4) | 20 January 2004 | 2003/3300 |
| 89(5) | 31 March 2004 | 2004/690 |
| 89(6) and (7) | 20 January 2004 | 2003/3300 |
| 90 | 31 July 2004 | 2004/1502 |
| 92 (in part) | 20 January 2004 | 2003/3300 |
| 92 (in part) | 31 March 2004 | 2004/690 |
| 92 (in part) | 30 September 2004 | 2004/2168 |
| Schedule 2 (in part) | 30 September 2004 | 2004/2168 |
| Schedule 3 (in part) | 20 January 2004 | 2003/3300 |
| Schedule 3 (in part) | 31 March 2004 | 2004/690 |
| Schedule 3 (in part) | 30 September 2004 | 2004/2168 |
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 |
|---|---|---|
| 13 (with savings) | 30 September 2004 | 2004/2557 (W.228) (C.107) |
| 14 (in part) | 30 September 2004 | 2004/2557 (W.228) (C.107) |
| 16 (with savings) | 30 September 2004 | 2004/2557 (W.228) (C.107) |
| 17 | 30 September 2004 | 2004/2557 (W.228) (C.107) |
| 91 | 30 September 2004 | 2004/2557 (W.228) (C.107) |
| Schedule 1 (in part) | 30 September 2004 | 2004/2557 (W.228) (C.107) |
| 40 to 45 | 31 March 2004 | 2004/999 (W.105) (C.43) |
| 47 to 52 | 31 March 2004 | 2004/999 (W.105) (C.43) |
| 55 and 56 | 31 March 2004 | 2004/999 (W.105) (C.43) |
| Part 8 | 31 December 2004 | 2004/3238 (W.281) (C.144) |