Anti-social behaviour is defined as 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. Psychological distress should be taken fully into account in any consideration of anti-social behaviour.

Either the police or the local authority can instigate the process of securing a Dispersal Order. The provisions allow police and local authorities to work together to tackle problems of crime and disorder on their streets.

There are three conditions that need to be fulfilled before authorisation for a Dispersal Order can be given:

1. An area needs to be defined as one where anti social behaviour is a significant and persistent problem, AND as one where members of the public have been intimidated, harassed, alarmed or distressed by the presence or behaviour of groups of two or more persons.
2. There must be consultation between the relevant local Superintendent (or officer of higher rank who is responsible for area where the authorisation is being considered) and the Chief Executive or delegated senior officer within the local authority. The consultation must result in a signed written agreement specifying the defined area, the grounds on which the authorisation is given and the period for which the powers can be exercised. The agreement must be accompanied by a copy of the wider plan for tackling ASB in the area, detailing how the Dispersal Order will support this work.
3. The agreement to designate an area in this way must be publicised in a local paper and/or on posters in the defined area.