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PART 4 E+WCommunity protection

CHAPTER 2E+WPublic spaces protection orders [F1and expedited orders]

Textual Amendments

Public spaces protection orders [F2and expedited orders] E+W

Textual Amendments

61Variation and discharge of ordersE+W

(1)Where a public spaces protection order [F3or expedited order] is in force, the local authority that made the order may vary it—

(a)by increasing or reducing the restricted area;

(b)by altering or removing a prohibition or requirement included in the order, or adding a new one.

(2)A local authority may [F4under subsection (1)(a) make a variation to a public spaces protection order] that results in the order applying to an area to which it did not previously apply only if the conditions in section 59(2) and (3) are met as regards activities in that area.

[F5(2A)A local authority may under subsection (1)(a) make a variation to an expedited order that results in the order applying to an area to which it did not previously apply only if the conditions in section 59A(2) to (4) are met as regards that area.]

(3)A local authority may make a variation under subsection (1)(b) that makes a prohibition or requirement more extensive, or adds a new one, only if the prohibitions and requirements imposed by the order as varied are ones that section 59(5) [F6or 59A(6) (as the case may be)] allows to be imposed.

(4)A public spaces protection order [F7or expedited order] may be discharged by the local authority that made it.

(5)Where an order is varied, the order as varied must be published in accordance with regulations made by the Secretary of State.

(6)Where an order is discharged, a notice identifying the order and stating the date when it ceases to have effect must be published in accordance with regulations made by the Secretary of State.

Textual Amendments

Commencement Information

I1S. 61 in force at 20.10.2014 by S.I. 2014/2590, art. 3(c)