- Abingdon Street Garden
means the garden constructed on the sites of properties formerly known as 18 to 28 (both inclusive) Abingdon Street, London, SW1, together with the garden surrounding the adjoining Jewel Tower and the lawn surrounding the King George V Memorial;
- action
includes the making of a payment to the victim (but does not include the payment of a fixed penalty);
- activity requirement
means a requirement which the court has declared to be an activity requirement for the purposes of this Part (see section D1(4));
- adult
means a person aged 18 or over;
- alcohol
has the meaning given by section 191 of the Licensing Act 2003;
- anti-social behaviour
means— (a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or (b) housing-related anti-social conduct, as defined by section 2 (ignoring subsection (2) of that section);
- anti-social behaviour possession order
means an order for possession under Ground 2 in Schedule 2 to this Act or Ground 14 in Schedule 2 to the Housing Act 1988.”
- appeal on human rights grounds
means an appeal” there is substituted “ “to appeal on human rights grounds” means to appeal ”.
- applicant
means a person who makes an application for an ASB case review;
- appropriate authority
means— (a) in relation to a school maintained by a local authority, the governing body;
- appropriate NHS authority
means— (a) if the order was made, or is proposed to be made, in reliance on sub-paragraph (i) of section 59A(2)(b), the NHS body mentioned in that sub-paragraph;
- authorised person
means a person on whom section 53 (or an enactment amended by that section) confers power to issue fixed penalty notices under this section.
- authority
means an authority given in writing by— a the Secretary of State (in or as regards England and Wales), or b the Scottish Ministers (in or as regards Scotland).”
- cancellation notice
has the meaning given by section 78(2);
- category 1 territory
means a territory designated under the Extradition Act 2003 for the purposes of Part 1 of that Act.”
- central funds
has the same meaning as in enactments providing for the payment of costs.
- chief executive officer
means—
- Child
means a person under the age of 18 years.
- child sexual exploitation
means conduct that constitutes an offence listed in subsection (8)(a) or (b), or an offence listed in subsection (8)(c) or (d) against a person under 18;
- Civil partnership
includes—
- civilian subject to service discipline
has the same meaning as in the Armed Forces Act 2006 (see section 370 of that Act);
- club premises certificate
has the meaning given by section 60 of the Licensing Act 2003;
- co-option arrangements
has the meaning given in paragraph 5 of Schedule 4;
- commencement day
means the day on which this Part comes into force.
- community remedy document
means the community remedy document (as revised from time to time) published under section 101 for the police area in which A's anti-social behaviour or offence took place;
- conduct
includes a failure to act;
- contractor
means a person who has entered into a contract with a local policing body or a chief officer to provide services to a chief officer.”
- Convention
has the meaning given by section 21(1) of the Human Rights Act 1998.
- crime and disorder reduction
means reduction in levels of— (a) crime and disorder (including anti-social behaviour and other behaviour adversely affecting the local environment), (b) the misuse of drugs, alcohol and other substances, and (c) re-offending.
- criminal behaviour
means behaviour that constitutes a criminal offence;
- criminal conduct
means conduct which constitutes an offence in England and Wales or Scotland, or would do if it occurred there. 5B Nothing in this section prevents a protection provider from making arrangements under this section for the protection of a person where non-statutory arrangements have already been made in respect of that person.”
- designated person
means a person designated by a local authority under section 53(1)(c).
- dwelling
means a building or part of a building occupied, or intended to be occupied, as a separate dwelling;
- dwelling-house
has the same meaning as in the Housing Act 1985;
- Enactment
includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978.”
- examining officer
means—
- exclusion period
has the meaning given by subsection (1)(b).
- existing order
means any of the following injunctions and orders—
- expedited order
has the meaning given by section 59A(1);
- extension notice
has the meaning given by section 77(5);
- extradition transit powers
means the powers under— (a) section 189A (except the power to issue transit certificates), and (b) section 189B;
- foreign territory
means a territory outside the United Kingdom;
- government department
means a department of Her Majesty's Government but does not include— (a) the Security Service, (b) the Secret Intelligence Service, or (c) the Government Communications Headquarters (“GCHQ”);
- guardian
has the same meaning as in the Children and Young Persons Act 1933.
- guest
means a person who, for a charge payable by that person or another, has the use of a guest room at the hotel in question;
- harm
includes serious ill-treatment or abuse, whether physical or not;
- highway
has the meaning given by section 328 of that Act;
- hospital
has the meaning given by section 145(1) of the Mental Health Act 1983;
- hotel
includes any guest house or other establishment of a similar kind at which accommodation is provided for a charge.
- housing accommodation
includes—
- housing injunction
means an injunction under section 1A;
- housing provider
means— (a) a housing trust (within the meaning given by section 2 of the Housing Associations Act 1985) that is a charity, (b) a housing action trust established under section 62 of the Housing Act 1988, (c) in relation to England, a non-profit private registered provider of social housing, (d) in relation to Wales, a Welsh body registered as a social landlord under section 3 of the Housing Act 1996, or (e) any body (other than a local authority or a body within paragraphs (a) to (d)) that is a landlord under a secure tenancy within the meaning given by section 79 of the Housing Act 1985;
- housing-related
means directly or indirectly relating to the housing management functions of—
- housing-related anti-social conduct
has the meaning given by section 2;
- intelligence service
means— (a) the Security Service, (b) the Secret Intelligence Service, (c) GCHQ, or (d) any part of Her Majesty's forces (within the meaning of the Armed Forces Act 2006), or of the Ministry of Defence, which engages in intelligence activities;
- intelligence service information
means information which was obtained (directly or indirectly) from an intelligence service or which relates to an intelligence service;
- intercept information
means information relating to any of the matters mentioned in section 19(3) of the Regulation of Investigatory Powers Act 2000;
- interim risk of sexual harm order
includes an order under section 5 of that Act.”
- intimate search
means a search which consists of a physical examination of a person's body orifices other than the mouth;
- Lacks capacity
means lacks capacity within the meaning of the Mental Capacity Act 2005.
- litter authority
has the meaning given in subsection (4)(a);
- local authority
means— (a) in relation to England, a district council, a county council for an area for which there is no district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;
- local government area
means— (a) a county, or (b) a county borough;
- Local Health Board
means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;
- local provider of social housing
means a private registered provider of social housing that— (a) grants tenancies of dwelling-houses in that area, or (b) manages any house or other property in that area;
- local youth offending team
means— (a) the youth offending team in whose area it appears to the applicant that the respondent lives, or (b) if it appears to the applicant that the respondent lives in more than one such area, whichever one or more of the relevant youth offending teams the applicant thinks it appropriate to consult;
- Low-value shoplifting
means an offence under section 1 of the Theft Act 1968 in circumstances where— a the value of the stolen goods does not exceed £200, b the goods were being offered for sale in a shop or any other premises, stall, vehicle or place from which there is carried on a trade or business, and c at the time of the offence, the person accused of low-value shoplifting was, or was purporting to be, a customer or potential customer of the person offering the goods for sale. 4 For the purposes of subsection (3)(a)— a the value of the stolen goods is the price at which they were being offered for sale at the time of the offence, and b where the accused is charged on the same occasio
- Marriage
means any religious or civil ceremony of marriage (whether or not legally binding).
- Mental disorder
has the meaning given by section 328 of the Mental Health (Care and Treatment) (Scotland) Act 2003.
- Minister of the Crown
includes the Treasury;
- necessary consultation
means consulting with the following about the terms and effects of the order—
- necessary notification
means notifying the following of the extension, reduction, variation or discharge—
- new order
means— (a) a sexual harm prevention order (made under section 103A of the 2003 Act, inserted by Schedule 5);
- non-UK extradition
means extradition from one foreign territory to another foreign territory;
- non-UK service provider
means a service provider established in an EEA state...;
- offence of forced marriage
means an offence under section 121;
- offensive behaviour
means behaviour by a person that causes or is likely to cause harassment, alarm or distress to one or more other persons not of the same household as that person;
- officer
includes a constable, immigration officer or customs officer who— a has functions under Schedule 7, or b has functions under Schedule 8 in relation to a person detained under Schedule 7, otherwise than as an examining officer.”
- old order
means— (a) a restraining order under section 5A of the Sex Offenders Act 1997;
- Old Palace Yard
includes the King George V Memorial.”
- on-notice hearing
means a hearing of which notice has been given to the applicant and the respondent in accordance with rules of court;
- operative section 84A possession order
means an order under section 84A which requires possession of the dwelling-house to be given up on a date specified in the order;
- out-of-court disposal process
means the process by which a person is dealt with under section 102 or by means of a conditional caution or youth conditional caution.
- Palace of Westminster controlled area
means the area of land in the City of Westminster that is comprised in— a the highways in the postal district SW1 known as— i Bridge Street, ii St Margaret's Street, and iii Abingdon Street, b so much of the highway in the postal district SW1 known as Great College Street as immediately adjoins Abingdon Street Garden, c Old Palace Yard, d Abingdon Street Garden (and its pathways), and e Victoria Tower Gardens. 2 In subsection (1)— • “Abingdon Street Garden” means the garden constructed on the sites of properties formerly known as 18 to 28 (both inclusive) Abingdon Street, London, SW1, together with the garden surrounding the adjoining Jewel Tower and the lawn surrounding the King George V Memorial;
- passport
means— a a United Kingdom passport within the meaning of the Immigration Act 1971;
- port
means—
- premises
includes— (a) any land or other place (whether enclosed or not);
- premises licence
has the meaning given by section 11 of the Licensing Act 2003;
- principal road
has the meaning given by section 12 of that Act (and see section 13 of that Act);
- programme service
has the same meaning as in the Broadcasting Act 1990 (see section 201(1) of that Act);
- prohibited material
means any material the publication of which contravenes paragraph 1(2);
- prohibition on foreign travel
means— a a prohibition on travelling to any country outside the United Kingdom named or described in the order, b a prohibition on travelling to any country outside the United Kingdom other than a country named or described in the order, or c a prohibition on travelling to any country outside the United Kingdom. 3 Subsection (1) does not prevent a prohibition on foreign travel from being extended for a further period (of no more than 5 years each time) under section 122D. 4 A sexual risk order that contains a prohibition within subsection (2)(c) must require the defendant to surrender all of the defendant's passports at a police station specified in the order— a on or before the date when the prohibition takes effect, or b within a period specified in the order. 5 Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a sexual risk order containing such a prohibition (unless the person is subject to an equivalent prohibition under another order). 6 Subsection (5) does not apply in relation to— a a passport issued by or on behalf of the authorities of a country outside the United Kingdom i
- public place
means a place to which at the material time the public or a section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission.
- publication
includes any speech, writing, relevant programme or other communication (in whatever form) which is addressed to, or is accessible by, the public at large or any section of the public;
- qualifying offender
means a person within subsection (2) or (3) below;
- registered establishment
has the meaning given by 34(1) of that Act.
- registered social housing provider
(or “RSH provider”) means— (a) in relation to England, a registered provider of social housing;
- registered vehicle
means a vehicle which is for the time being registered under the Vehicle Excise and Registration Act 1994;
- relevant area
means an area consisting of either or both of the following areas— a the controlled area of Parliament Square, and b the Palace of Westminster controlled area.”
- Relevant authority
means—
- relevant bodies
means— (a) the relevant district council or the unitary authority, (b) the chief officer of police for the police area which that local government area is within, (c) each integrated care board established under section 14Z25 of the National Health Service Act 2006 whose area is wholly or partly within that local government area, and (d) any local providers of social housing who are among the relevant bodies by virtue of the co-option arrangements made in relation to that local government area.
- Relevant chief officer of police
means— a in England and Wales, the chief officer of police for the police area in which the persons designated would act as examining officers, b in Scotland, the Chief Constable of the Police Service of Scotland, and c in Northern Ireland, the Chief Constable of the Police Service of Northern Ireland.”
- relevant civilian staff
means individuals, other than constables, who— a are employed by a local policing body or a chief officer of police, or b provide services to a local policing body or a chief officer of police, in pursuance of contractual arrangements but without being employed by the body or officer, and can be expected to have frequent contact with members of the public in the course of doing so. 2 The College of Policing may issue guidance to local policing bodies and chief officers of police with regard to— a the experience or qualifications to be expected of relevant civilian staff;
- relevant conduct
means—
- relevant criminal proceedings
means proceedings for an offence under section 48 in the commission of which the item is alleged to have been used.
- relevant district council
means the council of a district so far as it is not a unitary authority;
- relevant foreign authorities
means the authorities in the territory to which D would be extradited if the extradition went ahead.”
- relevant interception warrant
means the interception warrant issued under section 5 of the Regulation of Investigatory Powers Act 2000 that relates to the intercept information.”
- relevant licensing authority
has the meaning given by section 12 of that Act;
- relevant offence
means an act which— a constituted an offence under the law in force in the country concerned, and b would have constituted an offence listed in Schedule 3 (other than at paragraph 60) or in Schedule 5 if it had been done in any part of the United Kingdom.
- relevant order
means— a where the conviction, finding or caution within subsection (1) is in respect of a breach of a sexual risk order or a risk of sexual harm order, that order;
- relevant police area
means— a where the applicant is a chief officer of police, the officer's police area;
- relevant proceedings
means proceedings for contempt of court or proceedings under Schedule 2 to the Anti-social Behaviour, Crime and Policing Act 2014;
- relevant programme
means a programme included in a programme service;
- relevant search power
means a power of search under— (a) section 189A(2)(c) or (d), or (b) section 189B(2)(b) or (c);
- relevant UK authority
means— (a) the National Crime Agency (in the case of a non-UK extradition to a category 1 territory), or (b) the Secretary of State (in any other case). 4 A reference to the transit of a person through the United Kingdom is a reference to the person arriving in, being in, and departing from the United Kingdom (whether or not the person travels within the United Kingdom between arrival and departure). 5 This section applies for the purposes of section 189A to 189D (and this section).”
- respect order
means an order under section A1;
- respondent
has the meaning given by section A1(1).
- responsible authorities
means—
- review officer
means a senior officer who has not been directly involved in questioning the detained person under paragraph 2 or 3 of Schedule 7. 7 “Senior officer” means— a where the examining officer is a constable, a constable of a higher rank than the examining officer, b where the examining officer is an immigration officer, an immigration officer of a higher grade than the examining officer, and c where the examining officer is a customs officer, a customs officer of a higher grade than the examining officer. 8 The Secretary of State must under paragraph 6 of Schedule 14 issue a code of practice about reviews under this Part of this Schedule. 9 The code of practice must include provi
- riot-related possession order
means an order for possession under Ground 2ZA in Schedule 2 to this Act or Ground 14ZA in Schedule 2 to the Housing Act 1988.”
- risk of sexual harm order
includes an order under section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005;
- Royal Park land
means any land of a description specified in Schedule 1 to the Royal Parks and Other Open Spaces Regulations 1997 (S.I. 1997/1639), as that Schedule has effect on the day on which the Anti-social Behaviour, Crime and Policing Act 2014 is passed.”
- school
has the meaning given by section 4 of the Education Act 1996.
- section 84A possession order
means an order for possession under section 84A;”
- security management functions
means—
- Senior officer
means— a where the examining officer is a constable, a constable of a higher rank than the examining officer, b where the examining officer is an immigration officer, an immigration officer of a higher grade than the examining officer, and c where the examining officer is a customs officer, a customs officer of a higher grade than the examining officer. 8 The Secretary of State must under paragraph 6 of Schedule 14 issue a code of practice about reviews under this Part of this Schedule. 9 The code of practice must include provision about training to be undertaken by persons who are to act as review officers. 20L 1 Before determining whether to authorise a person's continued
- serious offence
means an offence which— (a) was committed on or after the day on which subsection (3) comes into force, (b) is specified, or falls within a description specified, in Schedule 2A at the time the offence was committed and at the time the court is considering the matter, and (c) is not an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either-way offences where value involved is small). 10 The Secretary of State may by order amend Schedule 2A as it applies in relation to dwelling-houses in England by— a adding an indictable offence;
- service court
means” there is substituted “section— “civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006 (see section 370 of that Act);
- service provider
means a person providing an information society service.
- sexual harm prevention order
means an order under section 103A of the Sexual Offences Act 2003 (sexual harm prevention orders).”
- specified
means specified in the regulations.
- Specified child sex offence
means an offence listed in section 136A(3A). 17 In the application of this Part to Northern Ireland, references to specified child sex offences and to section 136BA are to be ignored.”
- strategic road
has the meaning given by section 60(4) of the Traffic Management Act 2004.
- strip search
means a search which is not an intimate search but involves the removal of an article of clothing which— (a) is being worn wholly or partly on the trunk, and (b) is being so worn either next to the skin or next to an article of underwear.”
- supervisor
has the meaning given by section D1(1).
- supply of alcohol
has the meaning given by section 14 of that Act.
- test and trace services
means—
- the 2003 Act
means the Sexual Offences Act 2003;
- the appropriate advisory or negotiating body
means— a as regards England and Wales, the Police Advisory Board for England and Wales;
- the appropriate chief officer of police
means—
- the appropriate court
means— a where an adult magistrates' court made the sexual risk order, that court, any adult magistrates' court for the area in which the defendant resides or, where the application is made by a chief officer of police, any adult magistrates' court acting for a local justice area that includes any part of the chief officer's police area;
- the Chief Constable
means the Chief Constable of the Police Service of Northern Ireland;
- the court
means the court that granted the injunction.
- the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
- the E-Commerce Directive
means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce);
- the necessary consent
means the consent of—
- the necessary consents
means the consent of—
- the necessary consultation
means—
- the necessary notification
means notifying the following authorities of the proposed order, extension, variation or discharge— (a) the parish council or community council (if any) for the area that includes the restricted area;
- the necessary publicity
means— (a) in the case of a proposed order or variation, publishing the text of it;
- the public
means the public in the United Kingdom;
- The public interest objective
means the pursuit of public policy.
- the relevant local authority
means the local authority (or, as the case may be, any of the local authorities) within whose area the conduct specified in the notice has, according to the notice, been taking place.
- the relevant matters
means the matters the examining officer seeks to determine under paragraph 2 or 3 of Schedule 7.”
- the relevant number of days
means the number of days in the period specified under subsection (1B)(a).”
- the relevant period
means the period of 3 months ending with the day on which the officer is considering whether to authorise the issue of the notice. 4 The second condition is that the officer has reasonable grounds for believing that the making of a closure order under section 136D is necessary to prevent the premises being used for activities related to one or more specified child sex offences. 5 For the purposes of the second condition, it does not matter whether the officer believes that the offence or offences in question have been committed or that they will be committed (or will be committed unless a closure order is made). 6 The third condition is that the officer is satisfied tha
- the relevant person
means—
- the victim
means the person against whom the offence of forced marriage in question is alleged to have been committed.
- to appeal on human rights grounds
means to appeal ”.
- travel document
means anything that is, or appears to be, a passport or other document which—
- unitary authority
means— (a) the council of a county so far as it is the council for an area for which there are no district councils, (b) the council of any district comprised in an area for which there is no county council, (c) a London borough council, (d) the Common Council of the City of London in its capacity as a local authority, or (e) the Council of the Isles of Scilly;
- variation notice
has the meaning given by section 78(3).
- vehicle
means a mechanically-propelled vehicle or a vehicle designed or adapted for towing by a mechanically-propelled vehicle.”
- victim
means the particular person who seems to P to have been affected, or principally affected, by A's anti-social behaviour or offence.
- vulnerable adult
means a person aged 18 or over whose ability to protect himself or herself from physical or psychological harm is significantly impaired through physical or mental disability or illness, through old age or otherwise. 2 Where the defendant is a child, a reference in that section to a magistrates' court is to be taken as referring to a youth court (subject to any rules of court made under section 122K(1)). 3 In that section “relevant police area” means— a where the applicant is a chief officer of police, the officer's police area;
- without-notice application
means an application made without notice under section E1.
- youth detention accommodation
means—
- youth injunction
means an injunction under section 1;