The Local Authorities (Contracting Out of Anti-social Behaviour Order Functions) (England) Order 2007

• Citation: S.I. 2007/1441
• Sections: 4

Section 1 Citation, commencement, interpretation and application

(1) This Order may be cited as the Local Authorities (Contracting Out of Anti-social Behaviour Order Functions) (England) Order 2007 and shall come into force on the day after the day on which it is made.

(2) In this Order—

“ the Act ” means the Crime and Disorder Act 1998;

“local authority” means a relevant authority which is a local authority;

“relevant function” means any function exercisable by a local authority under sections 1 to 1E of the Act;

“housing manager” means a person who exercises management functions of the local authority pursuant to an agreement made under section 27 of the Housing Act 1985 .

(3) This Order applies to local authorities in England only.

Section 2 Contracting out

Subject to article 3, a local authority may make arrangements with one or more housing managers whereby the housing manager, or an employee of the manager, may exercise any relevant function.

Section 3 Conditions

(1) A local authority shall not make arrangements with the housing manager for the exercise of any function under section 1 or 1B of the Act unless it also makes arrangements with him for the exercise of its functions under section 1E of the Act.

(2) Arrangements made by the local authority with the housing manager—

(a) shall require the housing manager to consult the local authority before exercising any relevant function; and

(b) may include such other conditions as the local authority considers appropriate.

Section 4 Legal Proceedings

Section 223 (appearance of local authorities in legal proceedings) of the Local Government Act 1972 shall have effect as if—

(a) a housing manager with whom arrangements are made by virtue of this Order to exercise any relevant functions; and

(b) any employee of the manager,

were an officer of the local authority.