Anti-social Behaviour Act 2003
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The Anti-social Behaviour Act 2003 is a United Kingdom Act of Parliament (citation 2003 c. 38) which almost entirely applies only to England and Wales. The Act, championed by then home secretary David Blunkett, was passed in 2003. As well as strengthening the anti-social behaviour order and Fixed Penalty Notice, and banning spray paint sales to people under the age of 16, it gives local councils the power to order the removal of graffiti from private property.
It also specifically addresses truancy, false reports of emergency, fireworks, public drunkenness and gang activity.
[edit] Main provisions of the Act
Part I of the Act ('Premises where drugs used unlawfully') enables the police to serve a closure notice on premises that have been used for use, production or supply of Class A drugs. After such a notice has been served, a Magistrates' Court can make a closure order, which it is an offence to breach.
Part II ('Housing') amends housing legislation to require social housing organisations to adopt and publish policies on anti-social behaviour. It also strengthens the power of social landlords to take action against tenants who cause nuisance or annoyance to neighbours. One power is that secure tenancies can be 'demoted' by order of a County court, which makes eviction much easier.
Part III ('Parental responsibilities') amends 'parenting orders', which were introduced by the Crime and Disorder Act 1998. These are intended to specify steps parents must take to control their children. It also introduces 'parenting contracts', which are mainly intended to cover truanting children.
Part IV ('Dispersal of groups etc') gives the police powers to disperse groups of two or more persons in any public place if their presence "has resulted, or is likely to result, in any members of the public being intimidated, harassed, alarmed or distressed". There is also a power for a police officer to accompany any unaccompanied person of under 16 to their home between the hours of 9pm and 6am.
Part V ('Firearms') amends the Firearms Act 1968 to make possession of an airgun or an imitation weapon in public an offence.
Part VI ('The Environment') contains a selection of miscellaneous provisions. It gives councils power to serve a closure order on premises causing public nuisance by noise. Councils also now have the power to serve a graffiti removal notice on the person in control (usually the owner) of any surface (usually a wall) where graffiti has been applied. There is a right of appeal to the magistrates court over such a notice, and one ground for appeal is that 'the defacement is neither detrimental to the amenity of the area nor offensive'. It makes the sale of aerosol paint to any person under 16 illegal.
Part VII ('Public Order and Trespass') amends the Criminal Justice and Public Order Act 1994 in two main ways. First, the definition of a 'rave' is amended so that only 20 people, rather than 100 must be present. Second the powers of police to move unauthorised travellers' sites are strengthened. This Part also amends the provisions of the Public Order Act 1986 concerning public assemblies. The earlier Act gave the police power to intervene if a public assembly of 20 or more people appeared likely to cause 'serious public disorder, serious damage to property or serious disruption to the life of the community'. This Act reduces the number to two.
Part VIII ('High Hedges') is in response to concerns about hedges, typically of Leyland Cypress plants, which can grow to 6 metres or more in height, sometimes cutting out light for neighbours. Such hedges are not controlled by town planning legislation (which normally limits the height of fences to 2 metres), and so there was formerly no way of preventing people from allowing such a hedge to grow. This part of the Act gives local authorities the power to investigate complaints made by people affected by such hedges, and, if necessary, to require their reduction. Councils can charge a fee for dealing with such complaints. Soon after implementation, some councils were charging no fee, while the highest in the country was Sevenoaks, which was charging £650.
Part IX ('Sanctions Etc') makes some changes to the mechanisms for serving and enforcing anti-social behaviour orders.
Part X ('General') limits the extent of the legislation to England and Wales only, apart from Part V.
