PART 4Community protection
CHAPTER 2Public spaces protection orders F1and expedited orders
Public spaces protection orders F2and expedited orders
Words in s. 59 cross-heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 7 para. 3; S.I. 2022/520, reg. 5(j)
I159Power to make F3public spaces protection orders
1
A local authority may make a public spaces protection order if satisfied on reasonable grounds that two conditions are met.
2
The first condition is that—
a
activities carried on in a public place within the authority's area have had a detrimental effect on the quality of life of those in the locality, or
b
it is likely that activities will be carried on in a public place within that area and that they will have such an effect.
3
The second condition is that the effect, or likely effect, of the activities—
a
is, or is likely to be, of a persistent or continuing nature,
b
is, or is likely to be, such as to make the activities unreasonable, and
c
justifies the restrictions imposed by the notice.
4
A public spaces protection order is an order that identifies the public place referred to in subsection (2) (“the restricted area”) and—
a
prohibits specified things being done in the restricted area,
b
requires specified things to be done by persons carrying on specified activities in that area, or
c
does both of those things.
5
The only prohibitions or requirements that may be imposed are ones that are reasonable to impose in order—
a
to prevent the detrimental effect referred to in subsection (2) from continuing, occurring or recurring, or
b
to reduce that detrimental effect or to reduce the risk of its continuance, occurrence or recurrence.
6
A prohibition or requirement may be framed—
a
so as to apply to all persons, or only to persons in specified categories, or to all persons except those in specified categories;
b
so as to apply at all times, or only at specified times, or at all times except those specified;
c
so as to apply in all circumstances, or only in specified circumstances, or in all circumstances except those specified.
7
A public spaces protection order must—
a
identify the activities referred to in subsection (2);
b
explain the effect of section 63 (where it applies) and section 67;
c
specify the period for which the order has effect.
8
A public spaces protection order must be published in accordance with regulations made by the Secretary of State.
Words in Pt. 4 Ch. 2 heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 7 para. 2; S.I. 2022/520, reg. 5(j)