Police, Crime, Sentencing and Courts Act 2022

• (a) in subsection (1), for “subsections (2) and (3)” substitute “subsection (2)”, and

• (b) omit subsection (3).

• (4) In paragraph 14 of Schedule 12 to that Act (forfeiture of money: electronic money institutions and payment institutions) omit sub-paragraphs (3) and (4).

Non-criminal hate incidents

Code of practice relating to non-criminal hate incidents

60

• (1) The Secretary of State may issue a code of practice about the processing by a relevant person of personal data relating to a hate incident.

• (2) In this section “hate incident” means an incident or alleged incident which involves or is alleged to involve an act by a person (“the alleged perpetrator”) which is perceived by a person other than the alleged perpetrator to be motivated (wholly or partly) by hostility or prejudice towards persons with a particular characteristic.

• (3) The provision that may be made by a code of practice under this section includes, in particular, provision about—

• (a) whether and how personal data relating to a hate incident should be recorded;

• (b) the persons who are to process such personal data;

• (c) the circumstances in which a data subject should be notified of the processing of such personal data;

• (d) the retention of such personal data, including the period for which it should be retained and the circumstances in which and the procedures by which that period might be changed;

• (e) the consideration by a relevant person of requests by the data subject relating to such personal data.

• (4) But a code of practice under this section must not make provision about—

• (a) the processing of personal data for the purposes of a criminal investigation, or

• (b) the processing of personal data relating to the alleged perpetrator of a hate incident at any time after they have been charged with an offence relating to the hate incident.

• (5) A code of practice under this section may make different provision for different purposes.

• (6) A relevant person must have regard to the code of practice that is for the time being in force under this section in processing personal data relating to a hate incident.

• (7) In this section—

• “data subject” has the meaning given by section 3(5) of the Data Protection Act 2018;

• “personal data” has the meaning given by section 3(2) of that Act;

• “processing” has the meaning given by section 3(4) of that Act.

• (8) In this section “relevant person” means—

• (a) a member of a police force in England and Wales,

• (b) a special constable appointed under section 27 of the Police Act 1996,

• (c) a member of staff appointed by the chief officer of police of a police force in England and Wales,

• (d) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002,

• (e) an employee of the Common Council of the City of London who is under the direction and control of a chief officer of police,

• (f) a constable of the British Transport Police Force,

• (g) a special constable of the British Transport Police Force appointed under section 25 of the Railways and Transport Safety Act 2003,

• (h) an employee of the British Transport Police Authority appointed under section 27 of that Act,

• (i) a person designated as a community support volunteer or a policing support volunteer under section 38 of the Police Reform Act 2002 as applied by section 28 of the Railways and Transport Safety Act 2003, or

• (j) a National Crime Agency officer.

Further provision about a code of practice under section 60

61

• (1) The Secretary of State may not issue a code of practice under section 60 unless a draft of the code has been laid before and approved by a resolution of each House of Parliament.

• (2) The Secretary of State may from time to time revise and reissue a code of practice under section 60.

• (3) Before reissuing a code of practice the Secretary of State must lay a draft of the code as proposed to be reissued before Parliament.

• (4) If, within the 40-day period, either House of Parliament resolves not to approve the code of practice laid under subsection (3)—

• (a) the code is not to be reissued, and

• (b) the Secretary of State may prepare another code.

• (5) If no such resolution is passed within the 40-day period, the Secretary of State may reissue the code of practice.

• (6) In this section “the 40-day period” means—

• (a) the period of 40 days beginning with the day on which the draft is laid before Parliament, or

• (b) if the draft is not laid before each House on the same day, the period of 40 days beginning with the later of the days on which it is laid before Parliament.

• (7) In calculating the 40-day period no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses of Parliament are adjourned for more than 4 days.

Offences relating to hares etc

Increase in penalty for offences related to game etc

62

• (1) Section 1 of the Night Poaching Act 1828 (taking or destroying game or rabbits by night or entering land for that purpose) is amended in accordance with subsections (2) to (4).

• (2) The existing text becomes subsection (1).

• (3) In that subsection—

• (a) after “conviction” insert “to imprisonment for a term not exceeding 51 weeks,”, and

• (b) for “not exceeding level 3 on the standard scale” substitute “or to both”.

• (4) After that subsection insert—

(2) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (1) to 51 weeks is to be read as a reference to 6 months.

• (5) Section 30 of the Game Act 1831 (trespass in daytime in search of game etc) is amended in accordance with subsections (6) to (8).

• (6) The existing text becomes subsection (1).

• (7) In that subsection—

• (a) for the words from “conviction”, in the first place it occurs, to “seem meet”, in the second place it occurs, substitute “summary conviction, be liable to imprisonment for a term not exceeding 51 weeks, to a fine or to both”, and

• (b) for “each of the two offences” substitute “the offence”.

• (8) After that subsection insert—

(2) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (1) to 51 weeks is to be read as a reference to 6 months.

• (9) In section 4A of the Game Laws (Amendment) Act 1960 (forfeiture of vehicles), in subsection (1), omit “as one of five or more persons liable under that section”.

• (10) The amendments made by this section have effect only in relation to offences committed on or after the day on which this section comes into force.

Trespass with intent to search for or to pursue hares with dogs etc

63

• (1) A person commits an offence if they trespass on land with the intention of—

• (a) using a dog to search for or to pursue a hare,

• (b) facilitating or encouraging the use of a dog to search for or to pursue a hare, or

• (c) enabling another person to observe the use of a dog to search for or to pursue a hare.

• (2) It is a defence for a person charged with an offence under subsection (1) to prove that they had a reasonable excuse for the trespass mentioned in that subsection.

• (3) A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to both.

• (4) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (3) to 51 weeks is to be read as a reference to 6 months.

Being equipped for searching for or pursuing hares with dogs etc

64

• (1) A person commits an offence if they have an article with them in a place other than a dwelling with the intention that it will be used in the course of or in connection with the commission by any person of an offence under section 63 (trespass with intent to search for or to pursue hares with dogs etc).

• (2) Where a person is charged with an offence under subsection (1), proof that the person had with them any article made or adapted for use in committing an offence under section 63 is evidence that the person had it with them with the intention that it would be used in the course of or in connection with the commission by any person of an offence under that section.

• (3) A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine or to both.

• (4) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (3) to 51 weeks is to be read as a reference to 6 months.

• (5) In this section—

• “article” includes a vehicle and, except in subsection (2), an animal;

• “dwelling” means—a building or structure which is used as a dwelling, ora part of a building or structure, if the part is used as a dwelling,and includes any yard, garden, garage or outhouse belonging to and used with a dwelling.

Recovery order on conviction for certain offences involving dogs

65

• (1) This section applies where—

• (a) a person is convicted of an offence within subsection (5) which was committed on or after the day on which this section comes into force,

• (b) a dog was used in or was present at the commission of the offence, and

• (c) the dog was lawfully seized and detained in connection with the offence.

• (2) The court may make an order (a “recovery order”) requiring the offender to pay all the expenses incurred by reason of the dog’s seizure and detention.

• (3) Any sum required to be paid under subsection (2) is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.

• (4) Where a recovery order is available for an offence, the court may make such an order whether or not it deals with the offender in any other way for the offence.

• (5) The following offences are within this subsection—

• (a) an offence under section 1 of the Night Poaching Act 1828 (taking or destroying game or rabbits by night or entering land for that purpose);

• (b) an offence under section 30 of the Game Act 1831 (trespass in daytime in search of game etc);

• (c) an offence under section 63 (trespass with intent to search for or to pursue hares with dogs etc);

• (d) an offence under section 64 (being equipped for searching for or pursuing hares with dogs etc).

Disqualification order on conviction for certain offences involving dogs

66

• (1) This section applies where—

• (a) a person is convicted of an offence within subsection (9) which was committed on or after the day on which this section comes into force, and

• (b) a dog was used in or was present at the commission of the offence.

• (2) The court may make an order (a “disqualification order”) disqualifying the offender, for such period as the court thinks fit, from—

• (a) owning dogs,

• (b) keeping dogs, or

• (c) both.

• (3) The disqualification order may specify a period during which the offender may not make an application under section 68 to terminate the order.

• (4) The court may, where it appears to the court that the offender owns or keeps a dog, suspend the operation of the disqualification order for such period as it thinks necessary for enabling alternative arrangements to be made in respect of the dog.

• (5) Where a court makes a disqualification order, it must—

• (a) give its reasons for making the order in open court, and

• (b) cause them to be entered in the register of its proceedings.

• (6) A person who breaches a disqualification order commits an offence.

• (7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (8) Where a disqualification order is available for an offence, the court may make such an order whether or not it deals with the offender in any other way for the offence.

• (9) The following offences are within this subsection—

• (a) an offence under section 1 of the Night Poaching Act 1828 (taking or destroying game or rabbits by night or entering land for that purpose);

• (b) an offence under section 30 of the Game Act 1831 (trespass in daytime in search of game etc);

• (c) an offence under section 63 (trespass with intent to search for or to pursue hares with dogs etc);

• (d) an offence under section 64 (being equipped for searching for or pursuing hares with dogs etc).

• (10) In section 171 of the Sentencing Code (offences relating to animals), after subsection (2) insert—

(3) See section 66 of the Police, Crime, Sentencing and Courts Act 2022 (disqualification order on conviction for certain offences involving dogs) for orders relating to disqualification in the case of offences involving dogs under that Act, the Night Poaching Act 1828 and the Game Act 1831.

Seizure and disposal of dogs in connection with disqualification order

67

• (1) Where, on a court making a disqualification order, it appears to the court that the person to whom the order applies owns or keeps a dog contrary to the order, the court may order that the dog be taken into possession.

• (2) Where a person is convicted of an offence under section 66(6) by reason of owning or keeping a dog in breach of a disqualification order, the court by which the person is convicted may order that all dogs owned or kept in breach of the order be taken into possession.

• (3) An order under subsection (1) or (2), so far as relating to any dog owned by the person to whom the disqualification order applies, must make provision for disposal of the dog.

• (4) Any dog taken into possession in pursuance of an order under subsection (1) or (2) that is not owned by the person subject to the disqualification order is to be dealt with in such manner as an appropriate court may order.

• (5) But an order under subsection (4) may not provide for the dog to be—

• (a) destroyed, or

• (b) disposed of for the purposes of vivisection.

• (6) A court may not make an order for disposal of the dog under subsection (4) unless—

• (a) it has given the owner of the dog an opportunity to be heard, or

• (b) it is satisfied that it is not reasonably practicable to communicate with the owner.

• (7) Where a court makes an order under subsection (4) for the disposal of the dog, the owner of the dog may appeal against the order to the Crown Court.

• (8) In this section—

• “appropriate court” means—the magistrates’ court which made the order under subsection (1) or (2), oranother magistrates’ court acting for the same local justice area as that court;

• “disqualification order” has the same meaning as in section 66.

• (9) In this section references to disposing of a dog do not include—

• (a) destroying it, or

• (b) disposing of it for the purposes of vivisection.

Termination of disqualification order

68

• (1) A person who is subject to a disqualification order may apply to an appropriate court for the order to be terminated.

• (2) No application under subsection (1) may be made—

• (a) before the end of the period of one year beginning with the date on which the disqualification order was made,

• (b) where a previous application under that subsection has been made in relation to the same order, before the end of the period of one year beginning with the date on which the previous application was determined, or

• (c) before the end of any period specified under section 66(3), or subsection (5), in relation to the order.

• (3) On an application under subsection (1), the court may—

• (a) terminate the disqualification order,

• (b) vary the order so as to make it less onerous, or

• (c) refuse the application.

• (4) When determining an application under subsection (1), the court is to have regard to—

• (a) the character of the applicant,

• (b) the applicant’s conduct since the disqualification order was made, and

• (c) any other relevant circumstances.

• (5) Where the court refuses an application under subsection (1) or varies a disqualification order on such an application, it may specify a period during which the applicant may not make a further application under that subsection in relation to the order concerned.

• (6) The court may order an applicant to pay all or part of the costs of an application.

• (7) In this section—

• “appropriate court” means—the magistrates’ court which made the disqualification order, oranother magistrates’ court acting for the same local justice area as that court;

• “disqualification order” has the same meaning as in section 66.

Section 67: supplementary

69

• (1) The court by which an order under section 67 is made may—

• (a) appoint a person to carry out, or arrange for the carrying out of, the order;

• (b) require any person who has possession of a dog to which the order applies to deliver it up to enable the order to be carried out;

• (c) give directions with respect to the carrying out of the order;

• (d) confer additional powers (including power to enter premises where a dog to which the order applies is being kept) for the purpose of, or in connection with, the carrying out of the order;

• (e) order the person who committed the offence in relation to which the order was made, or another person, to reimburse the expenses of carrying out the order.

• (2) A person who fails to comply with a requirement imposed under subsection (1)(b) commits an offence.

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

• (4) Directions under subsection (1)(c) may—

• (a) specify the manner in which a dog is to be disposed of, or

• (b) delegate the decision about the manner in which a dog is to be disposed of to a person appointed under subsection (1)(a).

• (5) In determining how to exercise its powers under section 67 and this section the court is to have regard (amongst other things) to—

• (a) the desirability of protecting the value of any dog to which the order under section 67 applies, and

• (b) the desirability of avoiding increasing any expenses which a person may be ordered to reimburse.

• (6) In determining how to exercise a power delegated under subsection (4)(b), a person is to have regard, amongst other things, to the things mentioned in subsection (5)(a) and (b).

• (7) If the owner of a dog ordered to be disposed of under section 67 is subject to a liability by virtue of subsection (1)(e), any amount to which the owner is entitled as a result of sale of the dog may be reduced by an amount equal to that liability.

• (8) Any sum ordered to be paid under subsection (1)(e) is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.

• (9) In this section references to disposing of a dog do not include—

• (a) destroying it, or

• (b) disposing of it for the purposes of vivisection.

Disqualification orders: appeals

70

• (1) Nothing may be done under an order under section 66 or 67 with respect to a dog unless—

• (a) the period for giving notice of appeal against the order has expired,

• (b) the period for giving notice of appeal against the conviction on which the order was made has expired, and

• (c) if the order or conviction is the subject of an appeal, the appeal has been determined or withdrawn.

• (2) Where the effect of an order is suspended under subsection (1)—

• (a) no requirement imposed or directions given in connection with the order have effect, but

• (b) the court may give directions about how any dog to which the order applies is to be dealt with during the suspension.

• (3) Directions under subsection (2)(b) may, in particular—

• (a) authorise the dog to be taken into possession;

• (b) authorise the dog to be cared for either on the premises where it was being kept when it was taken into possession or at some other place;

• (c) appoint a person to carry out, or arrange for the carrying out of, the directions;

• (d) require any person who has possession of the dog to deliver it up for the purposes of the directions;

• (e) confer additional powers (including power to enter premises where the dog is being kept) for the purpose of, or in connection with, the carrying out of the directions;

• (f) provide for the recovery of any expenses in relation to the removal or care of the dog which are incurred in carrying out the directions.

• (4) A person who fails to comply with a requirement imposed under subsection (3)(d) commits an offence.

• (5) A person guilty an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (6) Any sum directed to be paid under subsection (3)(f) is to be treated for the purposes of enforcement as if it were a fine imposed on conviction.

Administering a substance with intent to cause harm

Administering a substance with intent to cause harm

71

• (1) The Secretary of State must, before the end of the relevant period—

• (a) prepare and publish a report—

• (i) about the nature and prevalence of the conduct described in subsection (2), and

• (ii) setting out any steps Her Majesty’s Government has taken or intends to take in relation to the matters referred to in sub-paragraph (i), and

• (b) lay the report before Parliament.

• (2) The conduct referred to in subsection (1)(a)(i) is a person intentionally administering a substance to, or causing a substance to be taken by, another person—

• (a) without the consent of that other person, and

• (b) with the intention of causing harm (whether or not amounting to an offence) to that other person.

• (3) In subsection (1), the “relevant period” means the period of 12 months beginning with the day on which this Act is passed.

Offences motivated by hostility based on sex or gender

Response to Law Commission report on hate crime laws

72

• (1) The Secretary of State must, before the end of the period of 12 months beginning with the day on which this Act is passed—

• (a) prepare and publish a response to Recommendation 8 of the Law Commission report on hate crime (adding sex or gender as a protected characteristic for the purposes of aggravated offences and enhanced sentencing), and

• (b) lay the response before Parliament.

• (2) In this section “the Law Commission report on hate crime” means the Law Commission report “Hate Crime Laws” that was published on 7 December 2021.

PART 3 — Public order

Public processions and public assemblies

Imposing conditions on public processions

73

• (1) Section 12 of the Public Order Act 1986 (imposing conditions on public processions) is amended as follows.

• (2) In subsection (1)—

• (a) for the “or” at the end of paragraph (a) substitute—

(aa) in the case of a procession in England and Wales, the noise generated by persons taking part in the procession may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the procession, (ab) in the case of a procession in England and Wales— (i) the noise generated by persons taking part in the procession may have a relevant impact on persons in the vicinity of the procession, and (ii) that impact may be significant, or

, and

• (b) in the words following paragraph (b), after “disruption” insert “, impact”.

• (3) After subsection (2) insert—

(2A) For the purposes of subsection (1)(a), the cases in which a public procession in England and Wales may result in serious disruption to the life of the community include, in particular, where— (a) it may result in a significant delay to the delivery of a time-sensitive product to consumers of that product, or (b) it may result in a prolonged disruption of access to any essential goods or any essential service, including, in particular, access to— (i) the supply of money, food, water, energy or fuel, (ii) a system of communication, (iii) a place of worship, (iv) a transport facility, (v) an educational institution, or (vi) a service relating to health. (2B) In subsection (2A)(a) “time-sensitive product” means a product whose value or use to its consumers may be significantly reduced by a delay in the supply of the product to them. (2C) For the purposes of subsection (1)(aa), the cases in which the noise generated by persons taking part in a public procession may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the procession include, in particular, where it may result in persons connected with the organisation not being reasonably able, for a prolonged period of time, to carry on in that vicinity the activities or any one of them. (2D) For the purposes of subsection (1)(ab)(i), the noise generated by persons taking part in a public procession may have a relevant impact on persons in the vicinity of the procession if— (a) it may result in the intimidation or harassment of persons of reasonable firmness with the characteristics of persons likely to be in the vicinity, or (b) it may cause such persons to suffer alarm or distress. (2E) In considering for the purposes of subsection (1)(ab)(ii) whether the noise generated by persons taking part in a public procession may have a significant impact on persons in the vicinity of the procession, the senior police officer must have regard to— (a) the likely number of persons of the kind mentioned in paragraph (a) of subsection (2D) who may experience an impact of the kind mentioned in paragraph (a) or (b) of that subsection, (b) the likely duration of that impact on such persons, and (c) the likely intensity of that impact on such persons.

• (4) After subsection (11) insert—

(12) The Secretary of State may by regulations amend any of subsections (2A) to (2C) for the purposes of making provision about the meaning for the purposes of this section of— (a) serious disruption to the activities of an organisation which are carried on in the vicinity of a public procession, or (b) serious disruption to the life of the community. (13) Regulations under subsection (12) may, in particular, amend any of those subsections for the purposes of— (a) defining any aspect of an expression mentioned in subsection (12)(a) or (b) for the purposes of this section; (b) giving examples of cases in which a public procession is or is not to be treated as resulting in— (i) serious disruption to the activities of an organisation which are carried on in the vicinity of the procession, or (ii) serious disruption to the life of the community. (14) Regulations under subsection (12)— (a) are to be made by statutory instrument; (b) may apply only in relation to public processions in England and Wales; (c) may make incidental, supplementary, consequential, transitional, transitory or saving provision, including provision which makes consequential amendments to this Part. (15) A statutory instrument containing regulations under subsection (12) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (5) The Secretary of State must, before the end of the period of 2 years beginning with the day on which this section comes into force—

• (a) prepare and publish a report on the operation of the amendments to section 12 of the Public Order Act 1986 made by this section, and

• (b) lay the report before Parliament.

Imposing conditions on public assemblies

74

• (1) Section 14 of the Public Order Act 1986 (imposing conditions on public assemblies) is amended as follows.

• (2) In subsection (1)—

• (a) for “If” substitute “Subsection (1A) applies if”,

• (b) for the “or” at the end of paragraph (a) substitute—

(aa) in the case of an assembly in England and Wales, the noise generated by persons taking part in the assembly may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the assembly, (ab) in the case of an assembly in England and Wales— (i) the noise generated by persons taking part in the assembly may have a relevant impact on persons in the vicinity of the assembly, and (ii) that impact may be significant, or

, and

• (c) omit the words after paragraph (b).

• (3) After subsection (1) insert—

(1A) The senior police officer may give directions imposing on the persons organising or taking part in the assembly— (a) in the case of an assembly in England and Wales, such conditions as appear to the officer necessary to prevent the disorder, damage, disruption, impact or intimidation mentioned in subsection (1); (b) in the case of an assembly in Scotland, such conditions as to the place at which the assembly may be (or continue to be) held, its maximum duration, or the maximum number of persons who may constitute it, as appear to the officer necessary to prevent the disorder, damage, disruption or intimidation mentioned in subsection (1)(a) or (b).

• (4) In subsection (2), for “subsection (1)” substitute “this section”.

• (5) After subsection (2) insert—

(2A) For the purposes of subsection (1)(a), the cases in which a public assembly in England and Wales may result in serious disruption to the life of the community include, in particular, where— (a) it may result in a significant delay to the supply of a time-sensitive product to consumers of that product, or (b) it may result in a prolonged disruption of access to any essential goods or any essential service, including, in particular, access to— (i) the supply of money, food, water, energy or fuel, (ii) a system of communication, (iii) a place of worship, (iv) a transport facility, (v) an educational institution, or (vi) a service relating to health. (2B) In subsection (2A)(a) “time-sensitive product” means a product whose value or use to its consumers may be significantly reduced by a delay in the supply of the product to them. (2C) For the purposes of subsection (1)(aa), the cases in which the noise generated by persons taking part in a public assembly may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the assembly include, in particular, where it may result in persons connected with the organisation not being reasonably able, for a prolonged period of time, to carry on in that vicinity the activities or any one of them. (2D) For the purposes of subsection (1)(ab)(i), the noise generated by persons taking part in an assembly may have a relevant impact on persons in the vicinity of the assembly if— (a) it may result in the intimidation or harassment of persons of reasonable firmness with the characteristics of persons likely to be in the vicinity, or (b) it may cause such persons to suffer alarm or distress. (2E) In considering for the purposes of subsection (1)(ab)(ii) whether the noise generated by persons taking part in an assembly may have a significant impact on persons in the vicinity of the assembly, the senior police officer must have regard to— (a) the likely number of persons of the kind mentioned in paragraph (a) of subsection (2D) who may experience an impact of the kind mentioned in paragraph (a) or (b) of that subsection, (b) the likely duration of that impact on such persons, and (c) the likely intensity of that impact on such persons.

• (6) After subsection (10A) (as inserted by section 75(11)) insert—

(11) The Secretary of State may by regulations amend any of subsections (2A) to (2C) for the purposes of making provision about the meaning for the purposes of this section of— (a) serious disruption to the activities of an organisation which are carried on in the vicinity of a public assembly, or (b) serious disruption to the life of the community. (12) Regulations under subsection (11) may, in particular, amend any of those subsections for the purposes of— (a) defining any aspect of an expression mentioned in subsection (11)(a) or (b) for the purposes of this section; (b) giving examples of cases in which a public assembly is or is not to be treated as resulting in— (i) serious disruption to the activities of an organisation which are carried on in the vicinity of the assembly, or (ii) serious disruption to the life of the community. (13) Regulations under subsection (11)— (a) are to be made by statutory instrument; (b) may apply only in relation to public assemblies in England and Wales; (c) may make incidental, supplementary, consequential, transitional, transitory or saving provision, including provision which makes consequential amendments to this Part. (14) A statutory instrument containing regulations under subsection (11) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (7) The Secretary of State must, before the end of the period of 2 years beginning with the day on which this section comes into force—

• (a) prepare and publish a report on the operation of the amendments to section 14 of the Public Order Act 1986 made by this section, and

• (b) lay the report before Parliament.

Offences under sections 12 and 14 of the Public Order Act 1986

75

• (1) The Public Order Act 1986 is amended as follows.

• (2) Section 12 (imposing conditions on public processions) is amended in accordance with subsections (3) to (6).

• (3) In subsection (4)—

• (a) for “A person” substitute “Subject to subsection (5A), a person”, and

• (b) omit “knowingly”.

• (4) In subsection (5)—

• (a) for “A person” substitute “Subject to subsection (5A), a person”, and

• (b) omit “knowingly”.

• (5) After subsection (5) insert—

(5A) A person is guilty of an offence under subsection (4) or (5) only if— (a) in the case of a public procession in England and Wales, at the time the person fails to comply with the condition the person knows or ought to know that the condition has been imposed; (b) in the case of a public procession in Scotland, the person knowingly fails to comply with the condition.

• (6) For subsections (8) to (10) substitute—

(8) A person guilty of an offence under subsection (4) is liable on summary conviction— (a) in the case of a public procession in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both; (b) in the case of a public procession in Scotland, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both. (9) A person guilty of an offence under subsection (5) is liable on summary conviction— (a) in the case of a public procession in England and Wales, to a fine not exceeding level 4 on the standard scale; (b) in the case of a public procession in Scotland, to a fine not exceeding level 3 on the standard scale. (10) A person guilty of an offence under subsection (6) is liable on summary conviction— (a) in the case of a public procession in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both; (b) in the case of a public procession in Scotland, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both. (10A) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the references in subsections (8)(a) and to (10)(a) to 51 weeks are to be read as references to 6 months.

• (7) Section 14 (imposing conditions on public assemblies) is amended in accordance with subsections (8) to (11).

• (8) In subsection (4)—

• (a) for “A person” substitute “Subject to subsection (5A), a person”, and

• (b) omit “knowingly”.

• (9) In subsection (5)—

• (a) for “A person” substitute “Subject to subsection (5A), a person”, and

• (b) omit “knowingly”.

• (10) After subsection (5) insert—

(5A) A person is guilty of an offence under subsection (4) or (5) only if— (a) in the case of a public assembly in England and Wales, at the time the person fails to comply with the condition the person knows or ought to know that the condition has been imposed; (b) in the case of a public assembly in Scotland, the person knowingly fails to comply with the condition.

• (11) For subsections (8) to (10) substitute—

(8) A person guilty of an offence under subsection (4) is liable on summary conviction— (a) in the case of a public assembly in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both; (b) in the case of a public assembly in Scotland, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both. (9) A person guilty of an offence under subsection (5) is liable on summary conviction— (a) in the case of a public assembly in England and Wales, to a fine not exceeding level 4 on the standard scale; (b) in the case of a public assembly in Scotland, to a fine not exceeding level 3 on the standard scale. (10) A person guilty of an offence under subsection (6) is liable on summary conviction— (a) in the case of a public assembly in England and Wales, to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both; (b) in the case of a public assembly in Scotland, to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both. (10A) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the references in subsections (8)(a) and to (10)(a) to 51 weeks are to be read as references to 6 months.

• (12) Subsections (6) and (11) apply only in relation to offences committed on or after the day on which this section comes into force.

Palace of Westminster, Parliament Square etc

Obstruction of vehicular access to Parliament

76

• (1) Part 3 of the Police Reform and Social Responsibility Act 2011 (Parliament Square etc) is amended as follows.

• (2) In section 142A (other controlled areas in vicinity of the Palace of Westminster)—

• (a) in subsection (1)—

• (i) in paragraph (a), after sub-paragraph (i) insert—

(ia) Canon Row, (ib) Parliament Street, (ic) Derby Gate, (id) Parliament Square,

, and

• (ii) after paragraph (a) insert—

(aa) so much of the highway in the postal district SW1 known as Victoria Embankment as lies between the highway in that district known as Bridge Street and the highway in that district known as Richmond Terrace,

, and

• (b) after subsection (1) insert—

(1A) A reference to a highway in subsection (1)(a) or (aa) includes any land immediately adjoining that highway and to which the public have or are permitted access.

• (3) In section 143 (prohibited activities in controlled area of Parliament Square or in Palace of Westminster controlled area)—

• (a) in subsection (2), after paragraph (e) insert—

(f) obstructing, by the use of any item or otherwise, the passage of a vehicle of any description into or out of an entrance into or exit from the Parliamentary Estate, where that entrance or exit is within, or adjoins, the Palace of Westminster controlled area.

,

• (b) in subsection (3)(b) for “relevant authority” substitute “relevant person”,

• (c) after subsection (4) insert—

(4A) In subsection (2)(f) the reference to obstructing the passage of a vehicle includes making the passage of a vehicle more difficult.

,

• (d) in subsection (5)—

• (i) in the words before paragraph (a), for ““relevant authority”” substitute ““relevant person””,

• (ii) omit “or” at the end of paragraph (b), and

• (iii) after paragraph (c) insert—

(d) a relevant member of the House of Lords staff, or (e) a relevant member of the House of Commons staff

, and

• (e) after subsection (5) insert—

(5A) In subsection (5)— - “relevant member of the House of Lords staff” has the meaning given by section 194(6) of the Employment Rights Act 1996; - “relevant member of the House of Commons staff” has the meaning given by section 195(5) of that Act.

• (4) Subsection (2) does not affect—

• (a) any direction given under section 143(1) of the Police Reform and Social Responsibility Act 2011 before the day on which this section came into force,

• (b) any order made under section 146(1)(b) of that Act before that day, or

• (c) any authorisation given under section 147 of that Act before that day.

• (5) Any such direction, order or authorisation applies in relation to the Palace of Westminster controlled area as defined by section 142A(1) of that Act as it had effect immediately before that day.

Power to specify other areas as controlled areas

77

After section 149 of the Police Reform and Social Responsibility Act 2011 insert—

(149A) (1) The Secretary of State may by regulations provide for any provision of sections 143 to 148 and 149(3) to apply, with or without modifications, in relation to an area specified in the regulations. (2) An area may be specified in regulations under subsection (1) by description, by reference to a map or plan or in any other way. (3) Regulations under subsection (1) may be made only if— (a) either House of Parliament is, or is proposed to be, located somewhere other than the Palace of Westminster as a result of the Parliamentary building works or for any other reason, and (b) as a result of that relocation, or proposed relocation, the Secretary of State considers that it is reasonably necessary for activities which are prohibited in relation to the controlled area of Parliament Square or the Palace of Westminster controlled area to be prohibited in relation to the area specified in the regulations. (4) In subsection (3)(a) “the Parliamentary building works” has the meaning given by section 1(1) of the Parliamentary Buildings (Restoration and Renewal) Act 2019. (5) The Secretary of State may by regulations make provision for any other enactment, or any instrument made under an enactment, to have effect with modifications in consequence of regulations under subsection (1).

Public nuisance

Intentionally or recklessly causing public nuisance

78

• (1) A person commits an offence if—

• (a) the person—

• (i) does an act, or

• (ii) omits to do an act that they are required to do by any enactment or rule of law,

• (b) the person’s act or omission—

• (i) creates a risk of, or causes, serious harm to the public or a section of the public, or

• (ii) obstructs the public or a section of the public in the exercise or enjoyment of a right that may be exercised or enjoyed by the public at large, and

• (c) the person intends that their act or omission will have a consequence mentioned in paragraph (b) or is reckless as to whether it will have such a consequence.

• (2) In subsection (1)(b)(i) “serious harm” means—

• (a) death, personal injury or disease,

• (b) loss of, or damage to, property, or

• (c) serious distress, serious annoyance, serious inconvenience or serious loss of amenity.

• (3) It is a defence for a person charged with an offence under subsection (1) to prove that they had a reasonable excuse for the act or omission mentioned in paragraph (a) of that subsection.

• (4) A person guilty of an offence under subsection (1) is liable—

• (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine or to both;

• (b) on conviction on indictment, to imprisonment for a term not exceeding 10 years, to a fine or to both.

• (5) In relation to an offence committed before the coming into force of paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 (increase in magistrates’ court power to impose imprisonment) the reference in subsection (4)(a) to the general limit in a magistrates’ court is to be read as a reference to 6 months.

• (6) The common law offence of public nuisance is abolished.

• (7) Subsections (1) to (6) do not apply in relation to—

• (a) any act or omission which occurred before the coming into force of those subsections, or

• (b) any act or omission which began before the coming into force of those subsections and continues after their coming into force.

• (8) This section does not affect—

• (a) the liability of any person for an offence other than the common law offence of public nuisance,

• (b) the civil liability of any person for the tort of public nuisance, or

• (c) the ability to take any action under any enactment against a person for any act or omission within subsection (1).

• (9) In this section “enactment” includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978.

One-person protests

Imposing conditions on one-person protests

79

• (1) After section 14 of the Public Order Act 1986 insert—

(14ZA) (1) Subsection (2) applies if the senior police officer, having regard to the time or place at which and the circumstances in which any one-person protest in England and Wales is being carried on or is intended to be carried on, reasonably believes— (a) that the noise generated by the person carrying on the protest may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the protest, or (b) that— (i) the noise generated by the person carrying on the protest may have a relevant impact on persons in the vicinity of the protest, and (ii) that impact may be significant. (2) The senior police officer may give directions imposing on the person organising or carrying on the protest such conditions as appear to the officer necessary to prevent such disruption or impact. (3) Where the one-person protest is moving, or is intended to move, from place to place— (a) the senior police officer must also have regard under subsection (1) to its route or proposed route, and (b) the conditions which may be imposed under subsection (2) include conditions as to the route of the protest or prohibiting the person carrying on the protest from entering any public place specified in the direction while the person is carrying it on. (4) In this section “one-person protest” means a protest which, at any one time, is carried on by one person in a public place. (5) In this section “the senior police officer” means— (a) in relation to a one-person protest being held or to a one-person protest intended to be held in a case where a person is in a place with a view to carrying on such a protest, the most senior in rank of the police officers present at the scene, and (b) in relation to a one-person protest intended to be held in a case where paragraph (a) does not apply, the chief officer of police. (6) For the purposes of subsection (1)(a), the cases in which the noise generated by a person taking part in a one-person protest may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the protest include, in particular, where it may result in persons connected with the organisation not being reasonably able, for a prolonged period of time, to carry on in that vicinity the activities or any one of them. (7) For the purposes of subsection (1)(b)(i), the noise generated by a person carrying on a one-person protest may have a relevant impact on persons in the vicinity of the protest if— (a) it may result in the intimidation or harassment of persons of reasonable firmness with the characteristics of persons likely to be in the vicinity, or (b) it may cause such persons to suffer alarm or distress. (8) In considering for the purposes of subsection (1)(b)(ii) whether the noise generated by a person carrying on a one-person protest may have a significant impact on persons in the vicinity of the protest, the senior police officer must have regard to— (a) the likely number of persons of the kind mentioned in paragraph (a) of subsection (7) who may experience an impact of the kind mentioned in paragraph (a) or (b) of that subsection, (b) the likely duration of that impact on such persons, and (c) the likely intensity of that impact on such persons. (9) A direction given by a chief officer of police by virtue of subsection (5)(b) must be given in writing. (10) A person (“P”) is guilty of an offence if— (a) P organises or carries on a one-person protest, (b) P fails to comply with a condition imposed under this section, and (c) at the time P fails to comply with the condition, P knows or ought to know that the condition has been imposed. (11) It is a defence for a person charged with an offence under subsection (10) to prove that the failure arose from circumstances beyond the person’s control. (12) A person who incites another to commit an offence under subsection (10) is guilty of an offence. (13) A person guilty of an offence under subsection (10) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (14) A person guilty of an offence under subsection (12) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both. (15) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (14) to 51 weeks is to be read as a reference to 6 months. (16) The Secretary of State may by regulations amend subsection (6) for the purposes of making provision about the meaning for the purposes of this section of serious disruption to the activities of an organisation which are carried on in the vicinity of a one-person protest. (17) Regulations under subsection (16) may, in particular, amend that subsection for the purposes of— (a) defining any aspect of that expression for the purposes of this section; (b) giving examples of cases in which a one-person protest is or is not to be treated as resulting in serious disruption to the activities of an organisation which are carried on in the vicinity of the protest. (18) Regulations under subsection (16)— (a) are to be made by statutory instrument; (b) may make incidental, supplementary, consequential, transitional, transitory or saving provision, including provision which makes consequential amendments to this Part. (19) A statutory instrument containing regulations under subsection (16) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (2) The Secretary of State must, before the end of the period of 2 years beginning with the day on which this section comes into force—

• (a) prepare and publish a report on the operation of section 14ZA of the Public Order Act 1986, and

• (b) lay the report before Parliament.

Wilful obstruction of highway

Wilful obstruction of highway

80

• (1) Section 137 of the Highways Act 1980 (penalty for wilful obstruction) is amended as follows.

• (2) In subsection (1)—

• (a) after “liable to” insert “imprisonment for a term not exceeding 51 weeks or”;

• (b) for “not exceeding level 3 on the standard scale” substitute “or both”.

• (3) After subsection (1) insert—

(1A) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (1) to 51 weeks is to be read as a reference to 6 months. (1B) For the purposes of this section it does not matter whether free passage along the highway in question has already been temporarily restricted or temporarily prohibited (whether by a constable, a traffic authority or otherwise). (1C) In subsection (1B), “traffic authority” has the same meaning as in the Road Traffic Regulation Act 1984 (see section 121A of that Act).

Repeal of the Vagrancy Act 1824 etc

Repeal of the Vagrancy Act 1824 etc

81

• (1) The Vagrancy Act 1824 is repealed.

• (2) Subsections (3) to (7) contain amendments and repeals in consequence of subsection (1).

• (3) The following are repealed—

• (a) the Vagrancy Act 1935;

• (b) section 2(3)(c) of the House to House Collections Act 1939 (licences);

• (c) section 20 of the Criminal Justice Act 1967 (power of magistrates’ court to commit on bail for sentence);

• (d) in the Criminal Justice Act 1982—

• (i) section 70 and the italic heading immediately before that section (vagrancy offences), and

• (ii) paragraph 1 of Schedule 14 and the italic heading immediately before that paragraph (minor and consequential amendments);

• (e) section 43(5) of the Mental Health Act 1983 (power of magistrates’ courts to commit for restriction order);

• (f) section 26(5) of the Criminal Justice Act 1991 (alteration of certain penalties);

• (g) in the Criminal Justice Act 2003—

• (i) paragraphs 1 and 2 of Schedule 25 and the italic heading immediately before those paragraphs (summary offences no longer punishable with imprisonment), and

• (ii) paragraphs 145 and 146 of Schedule 32 and the italic heading immediately before those paragraphs (amendments relating to sentencing);

• (h) paragraph 18 of Schedule 8 to the Serious Organised Crime and Police Act 2005 (powers of accredited persons).

• (4) In section 81 of the Public Health Acts Amendment Act 1907 (extending definition of public place and street for certain purposes), omit the words from “shall”, in the first place it occurs, to “public place, and”.

• (5) In section 48(2) of the Forestry Act 1967 (powers of entry and enforcement), omit “or against the Vagrancy Act 1824”.

• (6) In the Police Reform Act 2002—

• (a) in Schedule 3C (powers of community support officers and community support volunteers)—

• (i) omit paragraph 3(3)(b),

• (ii) omit paragraph 7(3),

• (iii) in paragraph 7(4), omit “or (3)”, and

• (iv) in paragraph 7(7)(a), omit “or (3)”, and

• (b) in Schedule 5 (powers exercisable by accredited persons), omit paragraph 2(3)(aa).

• (7) In the Sentencing Code—

• (a) in section 20(1) (committal in certain cases where offender committed in respect of another offence)—

• (i) at the end of paragraph (e), insert “or”, and

• (ii) omit paragraph (g) (and the “or” immediately before it), and

• (b) omit section 24(1)(f) (further powers to commit offender to the Crown Court to be dealt with).

• (8) The amendments and repeals made by this section do not apply in relation to an offence committed before this section comes into force.

Expedited public spaces protection orders

Expedited public spaces protection orders

82

• (1) The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.

• (2) After section 59 insert—

(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, (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.

• (3) After section 60 insert—

(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.

• (4) After section 72 insert—

(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, (c) whether to vary an expedited order (under section 61) and if so how, or (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 (c) varying or discharging an expedited order. (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. (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; (c) the owner or occupier of land within the restricted area. (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 (c) varying or discharging an expedited order. (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; (c) the owner or occupier of land within 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.

• (5) Schedule 7 contains amendments relating to subsections (1) to (4).

PART 4 — Unauthorised encampments

Offence relating to residing on land without consent in or with a vehicle

83

• (1) At the beginning of Part 5 of the Criminal Justice and Public Order Act 1994, before the italic heading before section 61, insert—