Anti-Social Behaviour Act

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The purpose of the Anti-social Behaviour Act is to provide the tools for practitioners and agencies to effectively tackle anti-social behaviour.

It contains measures drawn up from across five Government Departments and builds on existing legislation to clarify, streamline and reinforce the powers that are available to practitioners.

Powers in the Act | Dates of commencement | Notes of Guidance

Powers in the Act include:

• widen the use of Fixed Penalty Notices – e.g. noise nuisance, truancy, graffiti – and applying them to 16-17 year olds
• new action to close down ‘crack houses’ (see Notes of Guidance below)
• powers to disperse groups in designated areas suffering persistent and serious anti-social behaviour (see Notes of Guidance below)
• extending powers to deal with aggravated trespass
• simplifying powers to deal with unauthorised encampments (provided alternative sites are available)
• restricting the use of air weapons and replica guns. Banning air cartridge weapons that are easily converted to firearms (see Notes of Guidance below)
• new mechanisms for enforcing parental responsibility for children who behave in an anti-social way in school or in the community (see Notes of Guidance below)
• a new offence to sell spray paints to under 16s and stronger powers for local authorities to tackle fly-tipping, graffiti and fly-posting
• widening powers to shut down establishments that create noise nuisance
• powers for local authorities to tackle graffiti on street furniture
• powers to social landlords to take action against anti-social tenants including faster evictions and removing their right to buy their home
• courts to consider the impact of anti-social behaviour on the wider community in all housing possession cases
• improving the operation of Anti-social Behaviour Orders (ASBOs)

The Act received Royal Assent on 20 November 2003. The powers in the Act will come into force gradually, with the first group of provisions commencing on 20 January 2004 and 27 February 2004.

For further details, see Statutory Instrument 2003 No.3300 (C.130) on the HMSO website and the Home Office press release, issued on 20 January 2004.

Our 'Guide to the Anti-social Behaviour Act 2003', available as part of the TOGETHER Campaign Pack, gives information on the dates when the remaining provisions in the Act will come into force.

The full Anti-social Behaviour Act is available on the HMSO website.

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Dates of commencement

As of 20 January 2004:

• closure of premises used for drugs
• dispersal of groups
• controls for air weapons
• raising the penalty of fly-posting to a level 4 fine
• improved powers to deal with public assemblies and aggravated trespass
• improvements to ASBOs - reporting restrictions, Housing Association trusts, access to youth court
• Penalty Notices for 16- and 17-year-olds
• powers of Community Support Officers to stop cyclists

See Notes of Guidance, below.

As of 27 February 2004:

• Parenting contracts and orders - including link to all ASBOs
• powers to move on trespassing encampments
• Penalty Notices for parents in cases of truancy

See Notes of Guidance, below.

As of 31 March 2004:

• Penalty Notices for graffiti and fly-posting
• powers to clean up graffiti
• increased powers to agencies to issue ASBOs
• powers of accredited persons to issue Penalty Notices for Disorder

As of 30 June 2004:

Part 2:

• Duty for landlords to publish policies and procedures
• injunctions against anti-social behaviour
• demoted tenancies
• court discretion in proceedings for possession.

Part 9 (section 91):

• Proceedings under section 222 of the local government Act 1972 power of arrest attached to an injunction.

As of 30 September 2004:

Part 9:

• Curfew orders and supervision orders.

As of 1 October 2004:

Part 8:

• High Hedges.

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Notes of Guidance

Parenting Contracts and Orders Guidance - 27 February 2004 (file size: 246kb)
Describes the operation of parenting orders and parenting contracts.

Guidance on Education-Related Parenting Contracts, Parenting Orders and Penalty Notices - 27 February 2004
Describes the regulations and guidance relating to parenting contracts in cases of exclusion from school or truancy, parenting orders in cases of exclusion from school, and penalty notices for parents in cases of truancy. Available on the Department for Education and Skills website.

Notes of Guidance to Accompany Part One of the Act, 'The Power to Close Premises' - 21 January 2004
Concerns the power to close premises where drugs are used unlawfully. Available on drugs.gov.

Home Office Circular 04/2004 - 17 January 2004
Concerns the use of the powers to disperse groups contained in Part 4 of the Act.

Home Office Circular 01/2004 - 14 January 2004
Describes the purpose and effect of the firearms provisions contained in the Act.

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