Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)

Valid from 20/10/2014

PART 4 E+W Community protection

CHAPTER 2 E+W Public spaces protection orders

Supplemental E+W

72 Convention rights, consultation, publicity and notification E+W

(1) A local authority, in deciding—

(a) whether to make a public spaces protection order (under section 59) and if so what it should include,

(b) whether to extend the period for which a public spaces protection order has effect (under section 60) and if so for how long,

(c) whether to vary a public spaces protection order (under section 61) and if so how, or

(d) whether to discharge a public spaces protection order (under section 61),

must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the Convention.

(2) In subsection (1) “Convention” has the meaning given by section 21(1) of the Human Rights Act 1998.

(3) A local authority must carry out the necessary consultation and the necessary publicity, and the necessary notification (if any), before—

(a) making a public spaces protection order,

(b) extending the period for which a public spaces protection order has effect, or

(c) varying or discharging a public spaces protection order.

(4) In subsection (3)—

• “the necessary consultation” means consulting with—

  (a)

  the chief officer of police, and the local policing body, for the police area that includes the restricted area;

  (b)

  whatever community representatives the local authority thinks it appropriate to consult;

  (c)

  the owner or occupier of land within the restricted area;

• “the necessary publicity” means—

  (a)

  in the case of a proposed order or variation, publishing the text of it;

  (b)

  in the case of a proposed extension or discharge, publicising the proposal;

• “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;

  (b)

  in the case of a public spaces protection order made or to be made by a district council in England, the county council (if any) for the area that includes the restricted area.

(5) The requirement to consult with the owner or occupier of land within the restricted area—

(a) does not apply to land that is owned and occupied by the local authority;

(b) applies only if, or to the extent that, it is reasonably practicable to consult the owner or occupier of the land.

(6) In the case of a person or body designated under section 71, the necessary consultation also includes consultation with the local authority which (ignoring subsection (2) of that section) is the authority for the area that includes the restricted area.

(7) In relation to a variation of a public spaces protection order that would increase the restricted area, the restricted area for the purposes of this section is the increased area.