[F159APower to make expedited public spaces protection ordersE+W
(1)A local authority may make an expedited public spaces protection order (an “expedited order”) in relation to a public place within the local authority’s area if satisfied on reasonable grounds that three conditions are met.
(2)The first condition is that the public place is in the vicinity of—
(a)a school in the local authority’s area, or
(b)a site in the local authority’s area where, or from which—
(i)vaccines are provided to members of the public by, or pursuant to arrangements with, an NHS body, or
(ii)test and trace services are provided.
The reference in paragraph (b)(i) to arrangements includes arrangements made by the NHS body in the exercise of functions of another person by virtue of any provision of the National Health Service Act 2006.
(3)The second condition is that activities carried on, or likely to be carried on, in the public place by one or more individuals in the course of a protest or demonstration have had, or are likely to have, the effect of—
(a)harassing or intimidating members of staff or volunteers at the school or site,
(b)harassing or intimidating persons using the services of the school or site,
(c)impeding the provision of services by staff or volunteers at the school or site, or
(d)impeding access by persons seeking to use the services of the school or site.
(4)The third condition is that the effect or likely effect mentioned in subsection (3)—
(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 order.
(5)An expedited order is an order that identifies the public place referred to in subsection (1) (“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.
(6)The only prohibitions or requirements that may be imposed are ones that are reasonable to impose in order—
(a)to prevent the harassment, intimidation or impediment referred to in subsection (3) from continuing, occurring or recurring, or
(b)to reduce that harassment, intimidation or impediment or to reduce the risk of its continuance, occurrence or recurrence.
(7)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.
(8)An expedited order must—
(a)identify the activities referred to in subsection (3);
(b)explain the effect of section 63 (where it applies) and section 67;
(c)specify the period for which the order has effect.
(9)An expedited order may not be made in relation to a public place if that place (or any part of it) is or has been the subject of an expedited order (“the earlier order”), unless the period specified in subsection (11) has expired.
(10)In subsection (9) the second reference to “an expedited order” is to be read as including a reference to a public spaces protection order (made after the day on which this section comes into force) which neither prohibited nor required anything that could not have been prohibited or required by an expedited order.
(11)The period specified in this subsection is the period of a year beginning with the day on which the earlier order ceased to have effect.
(12)An expedited order must be published in accordance with regulations made by the Secretary of State.
(13)For the purposes of subsection (2), a public place that is coextensive with, includes, or is wholly or partly within, a school or site is regarded as being “in the vicinity of” that school or site.
(14)In this section references to a “school” are to be read as including a 16 to 19 Academy.
(15)In this section “test and trace services” means—
(a)in relation to England, services of the programme known as NHS Test and Trace;
(b)in relation to Wales, services of the programme known as Test, Trace, Protect.]
Textual Amendments
F1S. 59A inserted (28.4.2022 for specified purposes, 28.6.2022 in so far as not already in force) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 82(2), 208(4)(n); S.I. 2022/520, reg. 5(j)