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Statutory Instruments made by the National Assembly for Wales |
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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 2 and Transitional Provisions) (Wales) Order 2014 No. 2830 (W. 286) (C. 130) URL: http://www.bailii.org/wales/legis/num_reg/2014/wsi_20142830_en_1.html |
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Welsh Statutory Instruments
Housing, Wales
Made
20 October 2014
The Welsh Ministers make the following Order in exercise of the powers conferred by section 185(3) and (8) of the Anti-social Behaviour, Crime and Policing Act 2014(1).
1. (1) The title of this Order is the Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 2 and Transitional Provisions) (Wales) Order 2014.
(2) In this Order, "the 2014 Act" ("Deddf 2014") means the Anti-social Behaviour, Crime and Policing Act 2014.
2. The following provisions of the 2014 Act will come into force in relation to Wales on 21 October 2014-
(a)section 94 (new ground for serious offences or breach of prohibitions etc) and Schedule 3 (Schedule to be inserted as Schedule 2A to the Housing Act 1985);
(b)section 95 (notice requirements for new ground);
(c)section 96 (review requirements for new ground);
(d)section 97 (corresponding new ground and notice requirements for assured tenancies);
(e)section 100(2) and (3) (restrictions where new possession proceedings in progress etc);
(f)section 181(1) (amendments) insofar as it relates to the provisions in Schedule 11 specified in paragraph (g) below; and
(g)in Schedule 11 (minor and consequential amendments)-
(i)paragraph 2;
(ii)paragraph 7;
(iii)paragraph 8;
(iv)paragraph 9;
(v)paragraph 10;
(vi)paragraph 13;
(vii)paragraph 14;
(viii)paragraph 15(4)(a) and (c);
(ix)paragraph 16;
(x)paragraph 18; and
(xi)paragraph 19.
3. In relation to the coming into force of sections 94 and 97 (absolute grounds for possession) in Wales, condition 5 in section 84A(7) of the Housing Act 1985(2) and condition 5 in Ground 7A of Part 1 of Schedule 2 to the Housing Act 1988(3) is only met if the offence under-
(a)section 80(4) of the Environmental Protection Act 1990(4) (breach of abatement notice in relation to statutory nuisance), or
(b)section 82(8) of that Act (breach of court order to abate statutory nuisance etc.),
is committed by the tenant, or a person residing in or visiting the dwelling-house, on or after 20 October 2014.
Lesley Griffiths
Minister for Communities and Tackling Poverty, one of the Welsh Ministers
20 October 2014
(This note is not part of the Order)
This Order brings into force, in Wales, various provisions of the Anti-social Behaviour, Crime and Policing Act 2014 ("the 2014 Act").
Article 2 brings into force, in relation to Wales, provisions relating to the absolute ground for possession for anti-social behaviour (sections 94 – 97, 100(2) and (3), and Schedule 3 of the 2014 Act) and associated consequential amendments, as well as consequential amendments in relation to Parts 1, 2 and 4 of the 2014 Act.
Article 3 makes transitional provision in relation to the coming into force of sections 94 and 97 of the 2014 Act to ensure that condition 5 in the new absolute grounds for possession is only met where the offence under the Environmental Protection Act 1990 is committed on or after 20 October 2014.
(This note is not part of the Order)
The following provisions of the 2014 Act have been brought into force to their fullest extent (unless indicated otherwise) by commencement order made before the date of this Order:
Provision | Date of Commencement | S.I. Number |
---|---|---|
Section 96 (partially) (England only) | 17 September 2014 | 2014/2454 |
Section 98 (England only) | 13 May 2014 | 2014/949 |
Section 98 (Wales only) | 13 May 2014 | 2014/1241 (W.129) |
Section 99 | 13 May 2014 | 2014/949 |
Section 100(1) (England only) | 13 May 2014 | 2014/949 |
Section 100(1) (Wales only) | 13 May 2014 | 2014/1241 (W.129) |
Section 101 | 13 May 2014 | 2014/949 |
Section 104 (partially) | 13 May 2014 | 2014/949 |
Sections 105 to 107 | 13 May 2014 | 2014/949 |
Sections 108 to 111 | 14 July 2014 | 2014/949 |
Section 112 | 13 May 2014 | 2014/949 |
Sections 116 to 118 | 1 September 2014 | 2014/2125 |
Section 119 | 13 May 2014 | 2014/949 |
Sections 120 and 121 | 16 June 2014 | 2014/949 |
Sections 123 to 130 | 13 May 2014 | 2014/949 |
Sections 131 and 132 | 1 September 2014 | 2014/2125 |
Section 133 (partially) | 1 September 2014 | 2014/2125 |
Section 134 | 1 September 2014 | 2014/2125 |
Section 136 | 1 October 2014 | 2014/2454 |
Sections 138 and 139 | 1 October 2014 | 2014/2454 |
Section 140 | 21 July 2014 | 2014/1916 |
Sections 141 and 142 | 13 May 2014 | 2014/949 |
Section 143 | 20 March 2014 | 2014/630 |
Sections 144 to 146 | 13 May 2014 | 2014/949 |
Section 147 | 14 March 2014 | 2014/630 |
Section 148 (partially) | 13 May 2014 | 2014/949 |
31 July 2014 | 2014/1916 | |
1 April 2015 | 2014/1916 | |
Section 149 | 2 June 2014 | 2014/1226 |
Sections 152 and 153 | 13 May 2014 | 2014/949 |
Sections 155 to 159 | 21 July 2014 | 2014/1916 |
Sections 161 to 167 | 21 July 2014 | 2014/1916 |
Sections 169 to 173 | 21 July 2014 | 2014/1916 |
Section 174 | 6 October 2014 | 2014/2454 |
Section 176 | 13 May 2014 | 2014/949 |
Section 178 | 13 May 2014 | 2014/949 |
Section 179 | 1 June 2014 | 2014/949 |
Section 181(1) (partially) | 20 March 2014 | 2014/630 |
13 May 2014 | 2014/949 | |
21 July 2014 | 2014/1916 | |
1 September 2014 | 2014/2125 | |
1 October 2014 | 2014/2454 | |
Section 181(1) (partially) (England only) | 13 May 2014 | 2014/949 |
Section 181(1) (partially) (Wales only) | 13 May 2014 | 2014/1241 (W.129) |
Schedule 4 (partially) | 13 May 2014 | 2014/949 |
Schedule 8 | 14 March 2014 | 2014/630 |
Schedule 9 (partially) | 13 May 2014 | 2014/949 |
31 July 2014 | 2014/1916 | |
1 April 2015 | 2014/1916 | |
Schedule 10 | 13 May 2014 | 2014/949 |
Schedule 11 (partially) | 20 March 2014 | 2014/630 |
13 May 2014 | 2014/949 | |
21 July 2014 | 2014/1916 | |
1 September 2014 | 2014/2125 | |
1 October 2014 | 2014/2454 | |
Schedule 11 (partially) (England only) | 13 May 2014 | 2014/949 |
Schedule 11 (partially) (Wales only) | 13 May 2014 | 2014/1241 (W.129) |
1985 c. 68. Section 84A is prospectively inserted by section 94(1) of the Anti-social Behaviour, Crime and Policing Act 2014.
1988 c. 50. Ground 7A of Part 1 of Schedule 2 is prospectively inserted by section 97(1) of the Anti-social Behaviour, Crime and Policing Act 2014.