The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 2, Transitional and Transitory Provisions) Order 2014

• Citation: S.I. 2014/949
• Sections: 34

Section 1 Citation and interpretation

(1) This Order may be cited as the Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 2, Transitional and Transitory Provisions) Order 2014.

(2) In this Order, “the 2014 Act ” means the Anti-social Behaviour, Crime and Policing Act 2014.

Section 2 Provisions coming into force on 13th May 2014 in relation to England only

The following provisions of the 2014 Act come into force on 13th May 2014 in relation to England only—

(a) section 98 (conduct causing nuisance to landlord etc );

(b) section 100(1) (restrictions where new possession proceedings in progress etc);

(c) section 181(1) (amendments), insofar as it relates to the provisions of Schedule 11 specified in paragraph (d) below;

(d) in Schedule 11 (minor and consequential amendments)—

(i) paragraph 12;

(ii) paragraph 20.

Section 3 Other provisions comi n g into force on 13th May 2014

The provisions of the 2014 Act listed in the Schedule to this Order come into force on 13th May 2014.

Section 4 Provision coming into force on 1st June 2014

Section 179 of the 2014 Act (surcharges: imprisonment in default and remission of fines) comes into force on 1st June 2014.

Section 5 Provisions coming into force on 16th June 2014

The following provisions of the 2014 Act come into force on 16th June 2014—

(a) section 120 (offence of breaching forced marriage protection order);

(b) section 121 (offence of forced marriage: England and Wales).

Section 6 Provisions coming into force on 14th July 2014

The following provisions of the 2014 Act come into force on 14th July 2014—

(a) section 108 (offence of possessing firearm for supply etc);

(b) section 109 (functions of Scottish Ministers under Firearms Acts);

(c) section 110 (possession of firearms by persons previously convicted of crime);

(d) section 111 (increased penalty for improper importation of firearms etc).

Section 7 Transitional provision in relation to the coming into force of section 99

In relation to the coming into force of section 99 (offences connected with riot), the court may only make an order for possession of a dwelling-house on Ground 2ZA of Part 1 of Schedule 2 to the Housing Act 1985 or Ground 14ZA of Part 2 of Schedule 2 to the Housing Act 1988 where the indictable offence mentioned in that Ground was committed on or after 13th May 2014.

Section 8 Transitional provision in relation to the coming into force of section 104(5)

In relation to the coming into force of section 104(5), until section 104(4) is commenced, section 104(5) is to be read as if the word “other” were omitted.

Section 9 Transitional provision in relation to the coming into force of section 106

Nothing in paragraphs (d)(iii) and (e) of section 106(2) of the 2014 Act (keeping dogs under proper control) shall apply in relation to an offence which was committed before the commencement of that section.

Section 10 Transitional provision in relation to the coming into force of section 120

The commencement of section 120 of the 2014 Act does not apply where a power of arrest under section 63H of the Family Law Act 1996 was attached to a forced marriage protection order before 16th June 2014, unless the power of arrest no longer has effect.

Section 11 Transitory provisions: recovery of possession of dwelling-houses

(1) This article makes transitory modifications to the Housing Act 1985 and the Housing Act 1988 as they apply in England, with effect from 13th May 2014.

(2) Until sections 94 to 97 of the 2014 Act (absolute grounds for possession) come into force in England, the Housing Act 1985 is to be read as if—

(a) in section 138 (duty of landlord to convey freehold or grant lease) —

(i) in subsection (2A)(a) the words “or section 84A possession order” were omitted;

(ii) in subsection (2B)(a) the words “or an operative section 84A possession order” were omitted; and

(iii) in subsection (2C) the definitions of “operative section 84A possession order” and “section 84A possession order” were omitted;

(b) in Schedule 1 (tenancies which are not secure tenancies), in paragraph 4ZA(12) (family intervention tenancies) for the definition of “relevant possession order” there were substituted—

“relevant possession order” means a possession order under section 84 that is made on ground 2, 2ZA or 2A of Part 1 of Schedule 2;

(3) Until sections 94 to 97 of the 2014 Act (absolute grounds for possession) come into force in England, in Schedule 1 to the Housing Act 1988 (tenancies which cannot be assured tenancies), paragraph 12ZA(3)(a)(i) (family intervention tenancies) is to be read as if the words “ground 7A of Part 1 of Schedule 2 or” were omitted.

Section 1

Section 99 (offences connected with riot).

Section 2

Section 101 (the community remedy document).

Section 3

Section 104(2)(a), (3) and (5) (review of response to complaints), for the purpose of making arrangements about the carrying out of ASB case reviews by relevant bodies.

Section 4

Section 104(13) (review of response to complaints), insofar as it relates to the provisions of Schedule 4 specified in paragraph 20 below.

Section 5

Section 105 (ASB case reviews: interpretation).

Section 6

Section 106 (keeping dogs under proper control).

Section 7

Section 107 (whether a dog is a danger to public safety).

Section 8

Section 112 (British Transport Police: Crown status under Firearms Act 1968).

Section 9

Section 119 (violent offender orders).

Section 10

Sections 123 to 130 (College of Policing).

Section 11

Section 141 (financial arrangements etc for chief officers of police).

Section 12

Section 142 (grants to local policing bodies).

Section 13

Sections 144 to 146 (personal samples and DNA profiles).

Section 14

Section 148 (port and border controls), insofar as it relates to the provisions of Schedule 9 specified in paragraph 21 below.

Section 15

Section 152 (powers of community support officers).

Section 16

Section 153 (use of amplified noise equipment in vicinity of the Palace of Westminster).

Section 17

Section 176 (low-value shoplifting).

Section 18

Section 178 (protection arrangements for persons at risk).

Section 19

Section 181(1) (amendments), insofar as it relates to the provisions of Schedule 11 specified in paragraph 23 below.

Section 20

In Schedule 4 (ASB case reviews: supplementary provision)—

(a) paragraphs 1 to 5;

(b) paragraphs 8 and 9.

Section 21

In Schedule 9 (port and border controls)—

(a) paragraph 1(1) and (3), to the extent that it inserts new paragraph 1A(1) to (3) into Schedule 7 to the Terrorism Act 2000 ;

(b) paragraph 7(1) and (3), to the extent that it inserts new paragraph 20K(8) and (9) into Schedule 8 to the Terrorism Act 2000;

(c) paragraph 8.

Section 22

Schedule 10 (powers of community support officers).

Section 23

In Schedule 11 (minor and consequential amendments)—

(a) paragraph 15 (with the exception of sub-paragraph (4));

(b) paragraph 47 (with the exception of sub-paragraph (4));

(c) paragraph 84;

(d) paragraph 85;

(e) paragraph 86;

(f) paragraph 88;

(g) paragraph 92, to the extent that it inserts the entry “The College of Policing” into Part 6 of Schedule 1 to the Freedom of Information Act 2000 ;

(h) paragraph 96;

(i) paragraph 99;

(j) paragraph 100;

(k) paragraph 102, in relation to repeals relating to—

(i) the Greater London Authority Act 1999 ;

(ii) the Police Reform Act 2002 ;

(iii) section 24(2)(a) of, and paragraphs 30(3) and 35(3) of Schedule 16 to, the Police Reform and Social Responsibility Act 2011 ;

(l) paragraph 125;

(m) paragraph 126.