Legalize / United Kingdom / Public General Act

Anti-social Behaviour, Crime and Policing Act 2014

Type Public General Act

Publication 2014-03-13

Last updated 2026-10-26

State In force

Department Statute Law Database

Source legislation.gov.uk

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articles Not indexed

An Act to make provision about anti-social behaviour, crime and disorder, including provision about recovery of possession of dwelling-houses; to make provision amending the Dangerous Dogs Act 1991, the Police Act 1997, Schedules 7 and 8 to the Terrorism Act 2000, the Extradition Act 2003 and Part 3 of the Police Reform and Social Responsibility Act 2011; to make provision about firearms, about sexual harm and violence and about forced marriage; to make provision about the police, the Independent Police Complaints Commission and the Serious Fraud Office; to make provision about invalid travel documents; to make provision about criminal justice and court fees; and for connected purposes.

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(8) A magistrates' court hearing an appeal under subsection (7) must—

(a) confirm the amount, or

(b) substitute a lower amount.

Forfeiture of item used in commission of offence

50

(1) A court before which a person is convicted of an offence under section 48 may order the forfeiture of any item that was used in the commission of the offence.

(2) An order under this section may require a person in possession of the item to hand it over as soon as reasonably practicable—

(a) to a constable, or

(b) to a person employed by a local authority or designated by a local authority under section 53(1)(c).

(3) An order under this section may require the item—

(a) to be destroyed, or

(b) to be disposed of in whatever way the order specifies.

(4) Where an item ordered to be forfeited under this section is kept by or handed over to a constable, the police force of which the constable is a member must ensure that arrangements are made for its destruction or disposal, either—

(a) in accordance with the order, or

(b) if no arrangements are specified in the order, in whatever way seems appropriate to the police force.

(5) Where an item ordered to be forfeited under this section is kept by or handed over to a person within subsection (2)(b), the local authority by whom the person is employed or was designated must ensure that arrangements are made for its destruction or disposal, either—

(a) in accordance with the order, or

(b) if no arrangements are specified in the order, in whatever way seems appropriate to the local authority.

Seizure of item used in commission of offence

51

(1) If a justice of the peace is satisfied on information on oath that there are reasonable grounds for suspecting—

(a) that an offence under section 48 has been committed, and

(b) that there is an item used in the commission of the offence on premises specified in the information,

the justice may issue a warrant authorising any constable or designated person to enter the premises within 14 days from the date of issue of the warrant to seize the item.

(2) In this section “designated person” means a person designated by a local authority under section 53(1)(c).

(3) A constable or designated person may use reasonable force, if necessary, in executing a warrant under this section.

(4) A constable or designated person who has seized an item under a warrant under this section—

(a) may retain the item until any relevant criminal proceedings have been finally determined, if such proceedings are started before the end of the period of 28 days following the day on which the item was seized;

(b) otherwise, must before the end of that period return the item to the person from whom it was seized.

(5) In subsection (4) “relevant criminal proceedings” means proceedings for an offence under section 48 in the commission of which the item is alleged to have been used.

Fixed penalty notices

52

(1) An authorised person may issue a fixed penalty notice to anyone who that person has reason to believe has committed an offence under section 48.

(2) In subsection (1) “authorised person” means a person on whom section 53 (or an enactment amended by that section) confers power to issue fixed penalty notices under this section.

(3) A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to a local authority specified in the notice.

(4) The local authority specified under subsection (3) must be—

(a) the local authority that issued the community protection notice to which the fixed penalty notice relates;

(b) if the community protection notice was not issued by a local authority, the local authority (or, as the case may be, one of the local authorities) that could have issued it.

(5) Where a person is issued with a notice under this section in respect of an offence—

(a) no proceedings may be taken for the offence before the end of the period of 14 days following the date of the notice;

(b) the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.

(6) A fixed penalty notice must—

(a) give reasonably detailed particulars of the circumstances alleged to constitute the offence;

(b) state the period during which (because of subsection (5)(a)) proceedings will not be taken for the offence;

(d) state the name and address of the person to whom the fixed penalty may be paid;

(e) specify permissible methods of payment.

(7) An amount specified under subsection (6)(c) must not be more than £500.

(8) A fixed penalty notice may specify two amounts under subsection (6)(c) and specify that, if the lower of those amounts is paid within a specified period (of less than 14 days), that is the amount of the fixed penalty.

(9) Whatever other method may be specified under subsection (6)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under subsection (6)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

(10) Where a letter is sent as mentioned in subsection (9), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(11) In any proceedings, a certificate that—

(a) purports to be signed by or on behalf of the chief finance officer of the local authority concerned, and

(b) states that payment of a fixed penalty was, or was not, received by the dated specified in the certificate,

is evidence of the facts stated.

(12) In this section “chief finance officer”, in relation to a local authority, means the person with responsibility for the authority's financial affairs.

Who may issue notices

Authorised persons

53

(1) A community protection notice or a fixed penalty notice may be issued by—

(a) a constable;

(b) the relevant local authority (see subsections (2) and (3));

(2) For a community protection notice, “the relevant local authority” means the local authority (or, as the case may be, any of the local authorities) within whose area the conduct specified in the notice has, according to the notice, been taking place.

(3) For a fixed penalty notice, “the relevant local authority” means the local authority (or, as the case may be, any of the local authorities) within whose area the offence in question is alleged to have taken place.

(4) Only a person of a description specified in an order made by the Secretary of State for the purposes of subsection (1)(c) may be designated under that subsection.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplemental

Exemption from liability

54

(1) A local authority exercising or purporting to exercise a power under section 47(2) is not liable to an occupier or owner of land for damages or otherwise (whether at common law or otherwise) arising out of anything done or omitted to be done in the exercise or purported exercise of that power.

(2) A person carrying out work under section 47(2), or a person by or on whose behalf work is carried out under section 49(2)(b), is not liable to an occupier or owner of land for damages or otherwise (whether at common law or otherwise) arising out of anything done or omitted to be done in carrying out that work.

(3) Subsections (1) and (2) do not apply—

(a) to an act or omission shown to have been in bad faith, or

(b) to liability arising out of a failure to exercise due care and attention.

(4) Subsections (1) and (2) do not apply so as to prevent an award of damages made in respect of an act or omission on the ground that the act or omission was unlawful by virtue of section 6(1) of the Human Rights Act 1998.

(5) This section does not affect any other exemption from liability (whether at common law or otherwise).

Issuing of notices

55

(1) A notice under this Chapter may be issued to a person by—

(a) handing it to the person,

(b) leaving it at the person's proper address, or

(2) A notice under this Chapter to a body corporate may be issued to the secretary or clerk of that body.

(3) A notice under this Chapter to a partnership may be issued to a partner or a person who has the control or management of the partnership business.

(4) For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of a person is the person's last known address, except that—

(a) in the case of a body corporate or its secretary or clerk, it is the address of the body's registered or principal office;

(b) in the case of a partnership or person having the control or the management of the partnership business, it is the principal office of the partnership.

(5) For the purposes of subsection (4) the principal office of a company registered outside the United Kingdom, or of a partnership carrying on business outside the United Kingdom, is its principal office within the United Kingdom.

(6) If a person has specified an address in the United Kingdom, other than the person's proper address within the meaning of subsection (4), as the one at which the person or someone on the person's behalf will accept notices of the same description as a notice under this Chapter, that address is also treated for the purposes of this section and section 7 of the Interpretation Act 1978 as the person's proper address.

Guidance

56

(A1) The Secretary of State must issue—

(a) guidance to chief officers of police about the issue of fixed penalty notices under section 52 by officers under their direction or control, and

(b) guidance to local authorities about the issue of fixed penalty notices under section 52 by local authorities and persons designated under section 53(1)(c).

(1) The Secretary of State may issue—

(a) guidance to chief officers of police about the exercise, by officers under their direction or control, of those officers' other functions under this Chapter;

(b) guidance to local authorities about the exercise of their other functions under this Chapter and other functions of persons designated under section 53(1)(c).

(2) The Secretary of State may revise any guidance issued under this section.

(3) The Secretary of State must arrange for any guidance issued or revised under this section to be published.

(4) The Secretary of State must comply with the duty in subsection (A1)(a) and (b) within 6 months of the day on which the Crime and Policing Act 2026 is passed.

Interpretation of Chapter 1

57

In this Chapter—

“conduct” includes a failure to act;

“local authority” means—in relation to England, a district council, a county council for an area for which there is no district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;in relation to Wales, a county council or a county borough council;

“owner”, in relation to premises, means—a person (other than a mortgagee not in possession) entitled to dispose of the fee simple of the premises, whether in possession or in reversion;a person who holds or is entitled to the rents and profits of the premises under a lease that (when granted) was for a term of not less then 3 years;

“premises” includes any land.

Saving and transitional provision

58

(1) The repeal or amendment by this Act of provisions about any of the notices specified in subsection (2) does not apply in relation to—

(a) a notice specified in that subsection served before the commencement day;

(b) anything done in connection with such a notice.

(2) The notices are—

(a) a litter abatement notice under section 92 of the Environmental Protection Act 1990;

(b) a litter clearing notice under section 92A of that Act;

(d) a defacement removal notice under section 48 of the Anti-social Behaviour Act 2003.

(3) A community protection notice that contains no requirement that could not have been contained in one of the notices specified in subsection (2) may be issued in respect of conduct before the commencement day.

(4) Subsection (3) applies only during the period of 3 months beginning with the commencement day.

(5) In this section “commencement day” means the day on which this Chapter comes into force.

CHAPTER 2 — Public spaces protection orders and expedited orders

Public spaces protection orders and expedited orders

Power to make public spaces protection orders

59

(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

(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

(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;

(8) A public spaces protection order must be published in accordance with regulations made by the Secretary of State.

Power to make expedited public spaces protection orders

59A

(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,

(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

(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

(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;

(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.

Duration of public spaces protection orders

60

(1) A public spaces protection order may not have effect for a period of more than 3 years, unless extended under this section.

(2) Before the time when a public spaces protection order is due to expire, the local authority that made the order may extend the period for which it has effect if satisfied on reasonable grounds that doing so is necessary to prevent—

(a) occurrence or recurrence after that time of the activities identified in the order, or

(b) an increase in the frequency or seriousness of those activities after that time.

(3) An extension under this section—

(a) may not be for a period of more than 3 years;

(b) must be published in accordance with regulations made by the Secretary of State.

(4) A public spaces protection order may be extended under this section more than once.

Duration of expedited orders

60A

(1) An expedited order may not have effect for a period of more than 6 months.

(2) Subject to subsection (1), the local authority that made an expedited order may, before the time when the order is due to expire, extend the period for which the order has effect if satisfied on reasonable grounds that doing so is necessary to prevent—

(a) occurrence or recurrence after that time of the activities identified in the order, or

(b) an increase in the frequency or seriousness of those activities after that time.

(3) Where a local authority has made an expedited order, the authority may, at any time before the order is due to expire, reduce the period for which the order is to have effect if satisfied on reasonable grounds that the reduced period will be sufficient having regard to the degree of risk of an occurrence, recurrence or increase such as is mentioned in subsection (2)(a) or (b).

(4) An extension or reduction under this section of the period for which an order has effect must be published in accordance with regulations made by the Secretary of State.

(5) An expedited order may be extended or reduced under this section more than once.

Variation and discharge of orders

61

(1) Where a public spaces protection order or 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 under 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.

(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) or 59A(6) (as the case may be) allows to be imposed.

(4) A public spaces protection order or 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.

Prohibition on consuming alcohol

Premises etc to which alcohol prohibition does not apply

62

(1) A prohibition in a public spaces protection order or expedited order on consuming alcohol does not apply to—

(a) premises (other than council-operated licensed premises) authorised by a premises licence to be used for the supply of alcohol;

(b) premises authorised by a club premises certificate to be used by the club for the supply of alcohol;

(d) premises which by virtue of Part 5 of the Licensing Act 2003 may at the relevant time be used for the supply of alcohol or which, by virtue of that Part, could have been so used within the 30 minutes before that time;

(e) a place where facilities or activities relating to the sale or consumption of alcohol are at the relevant time permitted by virtue of a permission granted under section 115E of the Highways Act 1980 (highway-related uses) or by virtue of a pavement licence under section 1 of the Business and Planning Act 2020.

(2) A prohibition in a public spaces protection order or an expedited order on consuming alcohol does not apply to council-operated licensed premises—

(a) when the premises are being used for the supply of alcohol, or

(b) within 30 minutes after the end of a period during which the premises have been used for the supply of alcohol.

(3) In this section—

“club premises certificate” has the meaning given by section 60 of the Licensing Act 2003;

“premises licence” has the meaning given by section 11 of that Act;

“supply of alcohol” has the meaning given by section 14 of that Act.

(4) For the purposes of this section, premises are “council-operated licensed premises” if they are authorised by a premises licence to be used for the supply of alcohol and—

(a) the licence is held by a local authority in whose area the premises (or part of the premises) are situated, or

(b) the licence is held by another person but the premises are occupied by a local authority or are managed by or on behalf of a local authority.

Consumption of alcohol in breach of prohibition in order

63

(1) This section applies where a constable or an authorised person reasonably believes that a person (P)—

(a) is or has been consuming alcohol in breach of a prohibition in a public spaces protection order or an expedited order, or

(b) intends to consume alcohol in circumstances in which doing so would be a breach of such a prohibition.

In this section “authorised person” means a person authorised for the purposes of this section by the local authority that made the ... order (or authorised by virtue of section 69(1)).

(2) The constable or authorised person may require P—

(a) not to consume, in breach of the order, alcohol or anything which the constable or authorised person reasonably believes to be alcohol;

(b) to surrender anything in P's possession which is, or which the constable or authorised person reasonably believes to be, alcohol or a container for alcohol.

(3) A constable or an authorised person who imposes a requirement under subsection (2) must tell P that failing without reasonable excuse to comply with the requirement is an offence.

(4) A requirement imposed by an authorised person under subsection (2) is not valid if the person—

(a) is asked by P to show evidence of his or her authorisation, and

(b) fails to do so.

(5) A constable or an authorised person may dispose of anything surrendered under subsection (2)(b) in whatever way he or she thinks appropriate.

(6) A person who fails without reasonable excuse to comply with a requirement imposed on him or her under subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Restrictions on public rights of way

Orders restricting public right of way over highway

64

(1) A local authority may not make a public spaces protection order or expedited order that restricts the public right of way over a highway without considering—

(a) the likely effect of making the order on the occupiers of premises adjoining or adjacent to the highway;

(b) the likely effect of making the order on other persons in the locality;

(c) in a case where the highway constitutes a through route, the availability of a reasonably convenient alternative route.

(1A) Before making a public spaces protection order that restricts the public right of way over a highway, a local authority must take the prior consultation steps (see subsection (2)).

(1B) A local authority may not make an expedited order that restricts the public right of way over a highway unless it—

(a) takes the prior consultation steps before making the order, or

(b) takes the subsequent consultation steps (see subsection (2A)) as soon as reasonably practicable after making the order.

(2) To take the “prior consultation steps” in relation to an order means to—

(a) notify potentially affected persons of the proposed order,

(b) inform those persons how they can see a copy of the proposed order,

(d) consider any representations made.

In this subsection “potentially affected persons” means occupiers of premises adjacent to or adjoining the highway, and any other persons in the locality who are likely to be affected by the proposed order.

(2A) To take the “subsequent consultation steps” in relation to an expedited order means to—

(a) notify potentially affected persons of the order,

(b) invite those persons to make representations within a specified period about the terms and effects of the order,

(d) consider any representations made.

The definition of “potentially affected persons” in subsection (2) applies to this subsection as if the reference there to “the proposed order” were to “the order”.

(3) Before a local authority makes a public spaces protection order restricting the public right of way over a highway that is also within the area of another local authority, it must consult that other authority if it thinks it appropriate to do so.

(3B) Where a local authority proposes to make an expedited order restricting the public right of way over a highway that is also within the area of another local authority it must, if it thinks appropriate to do so, consult that other authority before, or as soon as reasonably practicable after, making the order.

(4) A public spaces protection order or expedited order may not restrict the public right of way over a highway for the occupiers of premises adjoining or adjacent to the highway.

(5) A public spaces protection order or expedited order may not restrict the public right of way over a highway that is the only or principal means of access to a dwelling.

(6) In relation to a highway that is the only or principal means of access to premises used for business or recreational purposes, a public spaces protection order or expedited order may not restrict the public right of way over the highway during periods when the premises are normally used for those purposes.

(7) A public spaces protection order or expedited order that restricts the public right of way over a highway may authorise the installation, operation and maintenance of a barrier or barriers for enforcing the restriction.

(8) A local authority may install, operate and maintain barriers authorised under subsection (7).

(9) A highway over which the public right of way is restricted by a public spaces protection order or expedited order does not cease to be regarded as a highway by reason of the restriction (or by reason of any barrier authorised under subsection (7)).

(10) In this section—

“dwelling” means a building or part of a building occupied, or intended to be occupied, as a separate dwelling;

“highway” has the meaning given by section 328 of the Highways Act 1980.

Categories of highway over which public right of way may not be restricted

65

(1) A public spaces protection order or an expedited order may not restrict the public right of way over a highway that is—

(a) a special road;

(b) a trunk road;

(d) a strategic road;

(e) a highway in England of a description prescribed by regulations made by the Secretary of State;

(f) a highway in Wales of a description prescribed by regulations made by the Welsh Ministers.

(2) In this section—

“classified road”, “special road” and “trunk road” have the meaning given by section 329(1) of the Highways Act 1980;

“highway” has the meaning given by section 328 of that Act;

“principal road” has the meaning given by section 12 of that Act (and see section 13 of that Act);

“strategic road” has the meaning given by section 60(4) of the Traffic Management Act 2004.

Validity of orders

Challenging the validity of orders

66

(1) An interested person may apply to the High Court to question the validity of—

(a) a public spaces protection order or an expedited order, or

(b) a variation of a public spaces protection order or an expedited order.

“Interested person” means an individual who lives in the restricted area or who regularly works in or visits that area.

(2) The grounds on which an application under this section may be made are—

(a) that the local authority did not have power to make the order or variation, or to include particular prohibitions or requirements imposed by the order (or by the order as varied);

(b) that a requirement under this Chapter was not complied with in relation to the order or variation.

(3) An application under this section must be made within the period of 6 weeks beginning with the date on which the order or variation is made.

(4) On an application under this section the High Court may by order suspend the operation of the order or variation, or any of the prohibitions or requirements imposed by the order (or by the order as varied), until the final determination of the proceedings.

(5) If on an application under this section the High Court is satisfied that—

(a) the local authority did not have power to make the order or variation, or to include particular prohibitions or requirements imposed by the order (or by the order as varied), or

(b) the interests of the applicant have been substantially prejudiced by a failure to comply with a requirement under this Chapter,

the Court may quash the order or variation, or any of the prohibitions or requirements imposed by the order (or by the order as varied).

(6) A public spaces protection order or an expedited order, or any of the prohibitions or requirements imposed by the order (or by the order as varied), may be suspended under subsection (4) or quashed under subsection (5)—

(a) generally, or

(b) so far as necessary for the protection of the interests of the applicant.

(7) An interested person may not challenge the validity of a public spaces protection order or an expedited order, or of a variation of such an order, in any legal proceedings (either before or after it is made) except—

(a) under this section, or

(b) under subsection (3) of section 67 (where the interested person is charged with an offence under that section).

Failure to comply with orders

Offence of failing to comply with order

67

(1) It is an offence for a person without reasonable excuse—

(a) to do anything that the person is prohibited from doing by a public spaces protection order or an expedited order, or

(b) to fail to comply with a requirement to which the person is subject under a public spaces protection order or an expedited order.

(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) A person does not commit an offence under this section by failing to comply with a prohibition or requirement that the local authority did not have power to include in the public spaces protection order or expedited order.

(4) Consuming alcohol in breach of a public spaces protection order or an expedited order is not an offence under this section (but see section 63).

Fixed penalty notices

68

(1) A constable or an authorised person may issue a fixed penalty notice to anyone he or she has reason to believe has committed an offence under section 63 or 67 in relation to a public spaces protection order or an expedited order.

(2) A fixed penalty notice is a notice offering the person to whom it is issued the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty to a local authority specified in the notice.

(3) The local authority specified under subsection (2) must be the one that made the public spaces protection order or expedited order.

(4) Where a person is issued with a notice under this section in respect of an offence—

(a) no proceedings may be taken for the offence before the end of the period of 14 days following the date of the notice;

(b) the person may not be convicted of the offence if the person pays the fixed penalty before the end of that period.

(5) A fixed penalty notice must—

(a) give reasonably detailed particulars of the circumstances alleged to constitute the offence;

(b) state the period during which (because of subsection (4)(a)) proceedings will not be taken for the offence;

(d) state the name and address of the person to whom the fixed penalty may be paid;

(e) specify permissible methods of payment.

(6) An amount specified under subsection (5)(c) must not be more than £500.

(7) A fixed penalty notice may specify two amounts under subsection (5)(c) and specify that, if the lower of those amounts is paid within a specified period (of less than 14 days), that is the amount of the fixed penalty.

(8) Whatever other method may be specified under subsection (5)(e), payment of a fixed penalty may be made by pre-paying and posting to the person whose name is stated under subsection (5)(d), at the stated address, a letter containing the amount of the penalty (in cash or otherwise).

(9) Where a letter is sent as mentioned in subsection (8), payment is regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(10) In any proceedings, a certificate that—

(a) purports to be signed by or on behalf of the chief finance officer of the local authority concerned, and

(b) states that payment of a fixed penalty was, or was not, received by the dated specified in the certificate,

is evidence of the facts stated.

(11) In this section—

“authorised person” means a person authorised for the purposes of this section by the local authority that made the order (or authorised by virtue of section 69(2));

“chief finance officer”, in relation to a local authority, means the person with responsibility for the authority's financial affairs.

Supplemental

Powers of community support officers

69

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Byelaws

70

A byelaw that prohibits, by the creation of an offence, an activity regulated by a public spaces protection order or an expedited order is of no effect in relation to the restricted area during the currency of the order.

Bodies other than local authorities with statutory functions in relation to land

71

(1) The Secretary of State may by order—

(a) designate a person or body (other than a local authority) that has power to make byelaws in relation to particular land, and

(b) specify land in England to which the power relates.

(2) This Chapter has effect as if—

(a) a person or body designated under subsection (1) (a “designated person”) were a local authority, and

(b) land specified under that subsection were within its area.

But references in the rest of this section to a local authority are to a local authority that is not a designated person.

(3) The only prohibitions or requirements that may be imposed in a public spaces protection order or an expedited order made by a designated person are ones that it has power to impose (or would, but for section 70, have power to impose) by making a byelaw in respect of the restricted area.

(4) A public spaces protection order or an expedited order made by a designated person may not include provision regulating, in relation to a particular public space, an activity that is already regulated in relation to that space by a public spaces protection order or an expedited order made by a local authority.

(5) Where a public spaces protection order or an expedited order made by a local authority regulates, in relation to a particular public space, an activity that a public spaces protection order or an expedited order made by a designated person already regulates, the order made by the designated person ceases to have that effect.

(6) If a person or body that may be designated under subsection (1)(a) gives a notice in writing under this subsection, in respect of land in relation to which it has power to make byelaws, to a local authority in whose area the land is situated—

(a) no part of the land may form, or fall within, the restricted area of any public spaces protection order or expedited order made by the local authority;

(b) if any part of the land—

(i) forms the restricted area of a public spaces protection order , or an expedited order, already made by the local authority, or

(ii) falls within such an area,

the order has ceases to have effect (where sub-paragraph (i) applies), or has effect as if the restricted area did not include the land in question (where sub-paragraph (ii) applies).

Public spaces protection orders: Convention rights, consultation, publicity and notification

72

(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,

(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

(4) In subsection (3)—

“the necessary consultation” means consulting with—the chief officer of police, and the local policing body, for the police area that includes the restricted area;whatever community representatives the local authority thinks it appropriate to consult;the owner or occupier of land within the restricted area;

“the necessary publicity” means—in the case of a proposed order or variation, publishing the text of it;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—the parish council or community council (if any) for the area that includes the restricted area;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.

Expedited orders: Convention rights and consents

72A

(1) A local authority, in deciding—

(a) whether to make an expedited order (under section 59A) and if so what it should include,

(b) whether to extend or reduce the period for which an expedited order has effect (under section 60A) and if so by how much,

(d) whether to discharge an expedited 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 obtain the necessary consents before—

(a) making an expedited order,

(b) extending or reducing the period for which an expedited order has effect, or

(4) If the order referred to in subsection (3) was made, or is proposed to be made, in reliance on section 59A(2)(a), “the necessary consents” means the consent of—

(a) the chief officer of police for the police area that includes the restricted area, and

(b) a person authorised (whether in specific or general terms) by the appropriate authority for the school or 16 to 19 Academy.

(5) If the order referred to in subsection (3) was made, or is proposed to be made, in reliance on section 59A(2)(b), “the necessary consents” means the consent of—

(a) the chief officer of police for the police area that includes the restricted area, and

(b) a person authorised by the appropriate NHS authority.

(6) In this section—

“appropriate authority” means—in relation to a school maintained by a local authority, the governing body;in relation to any other school or a 16 to 19 Academy, the proprietor;

“appropriate NHS authority” means—if the order was made, or is proposed to be made, in reliance on sub-paragraph (i) of section 59A(2)(b), the NHS body mentioned in that sub-paragraph;if the order was made, or is proposed to be made, in reliance on sub-paragraph (ii) of section 59A(2)(b) and the site is in England, the UK Health Security Agency;if the order was made, or is proposed to be made, in reliance on that sub-paragraph and the site is in Wales, the Local Health Board for the area in which the site is located.

(7) In this section “proprietor”, in relation to a school or a 16 to 19 Academy, has the meaning given in section 579(1) of the Education Act 1996.

Consultation and notifications after making expedited order

72B

(1) A local authority must carry out the necessary consultation as soon as reasonably practicable after making an expedited order.

(2) In subsection (1) “necessary consultation” means consulting with the following about the terms and effects of the order—

(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;

(3) A local authority must carry out the necessary notification (if any) as soon as reasonably practicable after—

(a) making an expedited order,

(b) extending or reducing the period for which an expedited order has effect, or

(4) In subsection (3) “necessary notification” means notifying the following of the extension, reduction, 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 an expedited order made by a district council in England, the county council (if any) for the area that includes the restricted area;

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

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

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

Guidance

73

(A1) The Secretary of State must issue guidance to local authorities about the issue of fixed penalty notices under section 68 by persons authorised by local authorities under that section.

(1) The Secretary of State may issue—

(a) guidance to local authorities about the exercise of their functions under this Chapter and other functions of persons authorised by local authorities under section 63 or 68;

(b) guidance to chief officers of police about the exercise, by officers under their direction or control, of those officers' functions under this Part.

(2) The Secretary of State may revise any guidance issued under this section.

(3) The Secretary of State must arrange for any guidance issued or revised under this section to be published.

(4) The Secretary of State must comply with the duty in subsection (A1) within 6 months of the day on which the Crime and Policing Act 2026 is passed.

Interpretation of Chapter 2

74

(1) In this Chapter—

“16 to 19 Academy” has the meaning given by section 1B of the Academies Act 2010;

“alcohol” has the meaning given by section 191 of the Licensing Act 2003;

“community representative”, in relation to a public spaces protection order that a local authority proposes to make or has made, means any individual or body appearing to the authority to represent the views of people who live in, work in or visit the restricted area;

“expedited order” has the meaning given by section 59A(1);

“local authority” means—in relation to England, a district council, a county council for an area for which there is no district council, a London borough council, the Common Council of the City of London (in its capacity as a local authority) or the Council of the Isles of Scilly;in relation to Wales, a county council or a county borough council;

“Local Health Board” means a Local Health Board established under section 11 of the National Health Service (Wales) Act 2006;

“NHS body” has the meaning given in section 275 of the National Health Service Act 2006;

“public place” means any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission;

“restricted area”— in relation to a public spaces protection order, has the meaning given by section 59(4);in relation to an expedited order, has the meaning given by section 59A(5).

“school” has the meaning given by section 4 of the Education Act 1996.

(2) For the purposes of this Chapter, a public spaces protection order “regulates” an activity if the activity is—

(a) prohibited by virtue of section 59(4)(a), or

(b) subjected to requirements by virtue of section 59(4)(b),

whether or not for all persons and at all times.

(3) For the purposes of this Chapter, an expedited order “regulates” an activity if the activity is—

(a) prohibited by virtue of section 59A(5)(a), or

(b) subjected to requirements by virtue of section 59A(5)(b),

whether or not for all persons and at all times.

Saving and transitional provision

75

(1) The repeal or amendment by this Act of provisions about any of the orders specified in subsection (2) does not apply in relation to—

(a) an order specified in that subsection made before the commencement day;

(b) anything done in connection with such an order.

(2) The orders are—

(a) a gating order under Part 8A of the Highways Act 1980;

(b) an order under section 13(2) of the Criminal Justice and Police Act 2001 (power of local authority to designate public place for restrictions on alcohol consumption);

(3) At the end of the period of 3 years beginning with the commencement day—

(a) this Chapter has effect in relation to any order specified in subsection (2) that is still in force as if the provisions of the order were provisions of a public spaces protection order;

(b) subsection (1) ceases to have effect.

This Part, as it applies by virtue of paragraph (a), has effect with any necessary modifications (and with any modifications specified in an order under section 185(7)).

(4) In this section “commencement day” means the day on which this Chapter comes into force.

CHAPTER 3 — Closure of premises associated with nuisance or disorder etc

Closure notices

Power to issue closure notices

76

(1) A police officer of at least the rank of inspector, ... the local authority, or a registered social housing provider (“RSH provider”), may issue a closure notice if satisfied on reasonable grounds—

(a) that the use of particular premises has resulted, or (if the notice is not issued) is likely soon to result, in nuisance to members of the public, or

(b) that there has been, or (if the notice is not issued) is likely soon to be, disorder near those premises associated with the use of those premises,

and that the notice is necessary to prevent the nuisance or disorder from continuing, recurring or occurring.

(1A) An RSH provider may only issue a closure notice in respect of premises owned or managed by that provider.

(2) A closure notice is a notice prohibiting access to the premises for a period specified in the notice.

For the maximum period, see section 77.

(3) A closure notice may prohibit access—

(a) by all persons except those specified, or by all persons except those of a specified description;

(b) at all times, or at all times except those specified;

(4) A closure notice may not prohibit access by—

(a) people who habitually live on the premises, or

(b) the owner of the premises,

and accordingly they must be specified under subsection (3)(a).

(5) A closure notice must—

(a) identify the premises;

(b) explain the effect of the notice;

(d) state that an application will be made under section 80 for a closure order;

(e) specify when and where the application will be heard;

(f) explain the effect of a closure order;

(g) give information about the names of, and means of contacting, persons and organisations in the area that provide advice about housing and legal matters.

(6) A closure notice may be issued only if reasonable efforts have been made to inform—

(a) people who live on the premises (whether habitually or not), and

(b) any person who has control of or responsibility for the premises or who has an interest in them,

that the notice is going to be issued.

(7) Before issuing a closure notice the police officer , local authority or RSH provider must ensure that any body or individual the officer , authority or provider thinks appropriate has been consulted.

(8) The Secretary of State may by regulations specify premises or descriptions of premises in relation to which a closure notice may not be issued.

Duration of closure notices

77

(1) The maximum period that may be specified in a closure notice is 48 hours unless subsection (2) applies.

(2) The maximum period is 72 hours—

(a) if, in the case of a notice issued by a police officer, the officer is of at least the rank of superintendent, ...

(b) if, in the case of a notice issued by a local authority, the notice is signed by the chief executive officer of the authority or a person designated by him or her for the purposes of this subsection , or

(c) if, in the case of a notice issued by an RSH provider, the notice is signed by an individual who is part of the provider’s senior management.

(3) In calculating when the period of 72 hours ends, Christmas Day is to be disregarded.

(4) The period specified in a closure notice to which subsection (2) does not apply may be extended by up to 24 hours—

(a) if, in the case of a notice issued by a police officer, an extension notice is issued by an officer of at least the rank of superintendent, ...

(b) if, in the case of a notice issued by a local authority, the authority issues an extension notice signed by the chief executive officer of the authority or a person designated by the chief executive officer for the purposes of this subsection , or

(c) if, in the case of a notice issued by an RSH provider, the RSH provider issues an extension notice signed by an individual who is part of the provider’s senior management.

(5) An extension notice is a notice which—

(a) identifies the closure notice to which it relates, and

(b) specifies the period of the extension.

(6) In this section “chief executive officer” means—

(a) in relation to a local authority in England, the authority's head of paid service designated under section 4 of the Local Government and Housing Act 1989;

(b) in relation to a local authority in Wales, the authority's chief executive appointed under section 54 of the Local Government and Elections (Wales) Act 2021.

(7) For the purposes of this section, an individual is part of an RSH provider’s senior management if the individual plays a significant role in—

(a) the making of decisions about how the whole or a substantial part of the activities of the provider which relate to social housing are to be managed or organised, or

(b) the management or organisation of the whole or a substantial part of such activities.

Cancellation or variation of closure notices

78

(1) This section applies where a closure notice is in force and the relevant person is no longer satisfied as mentioned in section 76(1), either—

(a) as regards the premises as a whole, or

(b) as regards a particular part of the premises.

(2) In a case within subsection (1)(a) the relevant person must issue a cancellation notice.

A cancellation notice is a notice cancelling the closure notice.

(3) In a case within subsection (1)(b) the relevant person must issue a variation notice.

A variation notice is a notice varying the closure notice so that it does not apply to the part of the premises referred to in subsection (1)(b).

(4) A cancellation notice or a variation notice that relates to a closure notice which was—

(a) issued by a local authority, and

(b) signed as mentioned in section 77(2)(b),

must be signed by the person who signed the closure notice (or, if that person is not available, by another person who could have signed as mentioned in section 77(2)(b)).

(4A) A cancellation notice or a variation notice that relates to a closure notice which was—

(a) issued by an RSH provider, and

(b) signed as mentioned in section 77(2)(c),

must be signed by the person who signed the closure notice (or, if that person is not available, by another person who could have signed the closure notice).

(5) A cancellation notice or a variation notice that relates to a closure notice which was—

(a) issued by a local authority or RSH provider, and

(b) extended under section 77(4)(b) or (c) (as the case may be),

must be signed by the person who signed the extension notice (or, if that person is not available, by another person who could have signed the extension notice).

(6) In this section “the relevant person” means—

(a) in the case of a closure notice issued by a police officer and not extended under section 77(4)(a), that officer (or, if that officer is not available, another officer of the same or higher rank);

(b) in the case of a closure notice issued by a police officer and extended under section 77(4)(a), the officer who issued the extension notice (or, if that officer is not available, another officer of the same or higher rank);

(d) in the case of a closure notice issued by an RSH provider, that provider.

Service of notices

79

(1) A closure notice, an extension notice, a cancellation notice or a variation notice must be served by—

(a) a constable, in the case of a notice issued by a police officer;

(b) a representative of the authority that issued the notice, in the case of a notice issued by a local authority ;

(2) The constable or ... representative must if possible—

(a) fix a copy of the notice to at least one prominent place on the premises,

(b) fix a copy of the notice to each normal means of access to the premises,

(c) fix a copy of the notice to any outbuildings that appear to the constable or representative to be used with or as part of the premises,

(d) give a copy of the notice to at least one person who appears to the constable or representative to have control of or responsibility for the premises, and

(e) give a copy of the notice to the people who live on the premises and to any person who does not live there but was informed (under section 76(6)) that the notice was going to be issued.

(3) If the constable or ... representative reasonably believes, at the time of serving the notice, that there are persons occupying another part of the building or other structure in which the premises are situated whose access to that part will be impeded if a closure order is made under section 80, the constable or representative must also if possible serve the notice on those persons.

(4) The constable or ... representative may enter any premises, using reasonable force if necessary, for the purposes of complying with subsection (2)(a).

(5) In this section “representative”, in relation to a local authority, means—

(a) an employee of the authority, or

(b) a person, or employee or a person, acting on behalf of the authority.

(6) In this section “representative”, in relation to an RSH provider, means—

(a) an employee of the provider, or

(b) a person, or employee of a person, acting on behalf of the provider.

Closure orders

Power of court to make closure orders

80

(1) Whenever a closure notice is issued an application must be made to a magistrates' court for a closure order (unless the notice has been cancelled under section 78).

(2) An application for a closure order must be made—

(a) by a constable, if the closure notice was issued by a police officer;

(b) by the authority that issued the closure notice, if the notice was issued by a local authority;

(3) The application must be heard by the magistrates' court not later than 48 hours after service of the closure notice.

(4) In calculating when the period of 48 hours ends, Christmas Day is to be disregarded.

(5) The court may make a closure order if it is satisfied—

(a) that a person has engaged, or (if the order is not made) is likely to engage, in disorderly, offensive or criminal behaviour on the premises, or

(b) that the use of the premises has resulted, or (if the order is not made) is likely to result, in serious nuisance to members of the public, or

(c) that there has been, or (if the order is not made) is likely to be, disorder near those premises associated with the use of those premises,

and that the order is necessary to prevent the behaviour, nuisance or disorder from continuing, recurring or occurring.

(6) A closure order is an order prohibiting access to the premises for a period specified in the order.

The period may not exceed 3 months.

(7) A closure order may prohibit access—

(a) by all persons, or by all persons except those specified, or by all persons except those of a specified description;

(b) at all times, or at all times except those specified;

(8) A closure order—

(a) may be made in respect of the whole or any part of the premises;

(b) may include provision about access to a part of the building or structure of which the premises form part.

(9) The court must notify the relevant licensing authority if it makes a closure order in relation to premises in respect of which a premises licence is in force.

Temporary orders

81

(1) This section applies where an application has been made to a magistrates' court under section 80 for a closure order.

(2) If the court does not make a closure order it may nevertheless order that the closure notice continues in force for a specified further period of not more than 72 hours, if satisfied—

(a) that the use of particular premises has resulted, or (if the notice is not continued) is likely soon to result, in nuisance to members of the public, or

(b) that there has been, or (if the notice is not continued) is likely soon to be, disorder near those premises associated with the use of those premises,

and that the continuation of the notice is necessary to prevent the nuisance or disorder from continuing, recurring or occurring.

(3) The court may adjourn the hearing of the application for a period of not more than 14 days to enable—

(a) the occupier of the premises,

(b) the person with control of or responsibility for the premises, or

to show why a closure order should not be made.

(4) If the court adjourns the hearing under subsection (3) it may order that the closure notice continues in force until the end of the period of the adjournment.

Extension of closure orders

82

(1) At any time before the expiry of a closure order, an application may be made to a justice of the peace, by complaint, for an extension (or further extension) of the period for which the order is in force.

(2) Those entitled to make an application under this section are—

(a) where the closure order was made on the application of a constable, a police officer of at least the rank of inspector;

(b) where the closure order was made on the application of a local authority, that authority;

(3) A police officer , local authority or RSH provider may make an application under this section only if satisfied on reasonable grounds that it is necessary for the period of the order to be extended to prevent the occurrence, recurrence or continuance of—

(a) disorderly, offensive or criminal behaviour on the premises,

(b) serious nuisance to members of the public resulting from the use of the premises, or

and also satisfied that appropriate consultation about the intention to make the application has been carried out.

(4) An appropriate consultation about the intention to make the application is carried out if the following are consulted—

(a) the local authority and any relevant RSH provider, in the case of an application by a police officer;

(b) the chief officer of police for the area in which the premises are situated and any relevant RSH provider, in the case of an application by a local authority;

(c) the local authority and the chief officer of police for the area in which the premises are situated, in the case of an application by an RSH provider.

An RSH provider is “relevant” if it owns or manages the premises.

(5) Where an application is made under this section, the justice of the peace may issue a summons directed to—

(a) any person on whom the closure notice was served under section 79, or

(b) any other person who appears to the justice to have an interest in the premises but on whom the closure notice was not served,

requiring the person to appear before the magistrates' court to respond to the application.

(6) If a summons is issued under subsection (5), a notice stating the date, time and place of the hearing of the application must be served on the persons to whom the summons is directed.

(7) If the magistrates' court is satisfied as mentioned in subsection (3)(a), (b) or (c), it may make an order extending (or further extending) the period of the closure order by a period not exceeding 3 months.

(8) The period of a closure order may not be extended so that the order lasts for more than 6 months.

Discharge of closure orders

83

(1) At any time before the expiry of a closure order, an application may be made to a justice of the peace, by complaint, for the order to be discharged.

(2) Those entitled to make an application under this section are—

(a) a constable, where the closure order was made on the application of a constable;

(b) the authority that applied for the closure order, where the order was made on the application of a local authority;

(ba) the provider that applied for the closure order, where the order was made on the application of an RSH provider;

(d) anyone else who has an interest in the premises but on whom the closure notice was not served.

(3) Where a person other than a constable makes an application under this section for the discharge of an order that was made on the application of a constable, the justice may issue a summons directed to a constable considered appropriate by the justice requiring him or her to appear before the magistrates' court to respond to the application.

(4) If a summons is issued under subsection (3), a notice stating the date, time and place of the hearing of the application must be served on—

(a) the constable to whom the summons is directed;

(b) the persons mentioned in subsection (2)(c) and (d) (other than the complainant).

(5) Where—

(a) the order in question was made on the application of a local authority, and

(b) a person other than that authority makes an application under this section for the discharge of the order,

the justice may issue a summons directed to that authority requiring it to appear before the magistrates' court to respond to the application.

(6) If a summons is issued under subsection (5), a notice stating the date, time and place of the hearing of the application must be served on—

(a) the authority mentioned in that subsection;

(b) the persons mentioned in subsection (2)(c) and (d) (other than the complainant).

(6A) Where—

(a) the order in question was made on the application of an RSH provider, and

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