Public Order Act 2023

Part 1 — Public order

Offences relating to locking on

Offence of locking on

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• (1) A person commits an offence if—

• (a) they—

• (i) attach themselves to another person, to an object or to land,

• (ii) attach a person to another person, to an object or to land, or

• (iii) attach an object to another object or to land,

• (b) that act causes, or is capable of causing, serious disruption to—

• (i) two or more individuals, or

• (ii) an organisation,

in a place other than a dwelling, and

• (c) they intend that act to have a consequence mentioned in paragraph (b) or are reckless as to whether it will have such a consequence.

• (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 act mentioned in paragraph (a) of that subsection.

• (3) A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences, to a fine or to both.

• (4) In subsection (3), “the maximum term for summary offences” means—

• (a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales) comes into force, six months;

• (b) if the offence is committed after that time, 51 weeks.

• (5) In this section “dwelling” means—

• (a) a building or structure which is used as a dwelling, or

• (b) a part of a building or structure, if the part is used as a dwelling,

and includes any yard, garden, grounds, garage or outhouse belonging to and used with a dwelling.

Offence of being equipped for locking on

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• (1) A person commits an offence if they have an object with them in a place other than a dwelling with the intention that it may be used in the course of or in connection with the commission by any person of an offence under section 1(1) (offence of locking on).

• (2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine.

• (3) In this section “dwelling” has the same meaning as in section 1.

Offences relating to tunnelling

Offence of causing serious disruption by tunnelling

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• (1) A person commits an offence if—

• (a) they create, or participate in the creation of, a tunnel,

• (b) the creation or existence of the tunnel causes, or is capable of causing, serious disruption to—

• (i) two or more individuals, or

• (ii) an organisation,

in a place other than a dwelling, and

• (c) they intend the creation or existence of the tunnel to have a consequence mentioned in paragraph (b) or are reckless as to whether its creation or existence will have such a consequence.

• (2) It is a defence for a person charged with an offence under subsection (1) to prove that they had a reasonable excuse for creating, or participating in the creation of, the tunnel.

• (3) Without prejudice to the generality of subsection (2), a person is to be treated as having a reasonable excuse for the purposes of that subsection if the creation of the tunnel was authorised by a person with an interest in land which entitled them to authorise its creation.

• (4) A person who commits 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 3 years, to a fine or to both.

• (5) For the purposes of this section—

• (a) “tunnel” means an excavation that extends beneath land, whether or not—

• (i) it is big enough to permit the entry or passage of an individual, or

• (ii) it leads to a particular destination;

• (b) an excavation which is created with the intention that it will become or connect with a tunnel is to be treated as a tunnel, whether or not—

• (i) any tunnel with which it is intended to connect has already been created, or

• (ii) it is big enough to permit the entry or passage of an individual.

• (6) References in this section to the creation of an excavation include—

• (a) the extension or enlargement of an excavation, and

• (b) the alteration of a natural or artificial underground feature.

• (7) This section does not apply in relation to a tunnel if or to the extent that it is in or under a dwelling.

• (8) In this section “dwelling” has the same meaning as in section 1 (offence of locking on).

Offence of causing serious disruption by being present in a tunnel

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• (1) A person commits an offence if—

• (a) they are present in a relevant tunnel having entered it after the coming into force of this section,

• (b) their presence in the tunnel causes, or is capable of causing, serious disruption to—

• (i) two or more individuals, or

• (ii) an organisation,

in a place other than a dwelling, and

• (c) they intend their presence in the tunnel to have a consequence mentioned in paragraph (b) or are reckless as to whether their presence there will have such a consequence.

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

• (3) Without prejudice to the generality of subsection (2), a person (“P”) is to be treated as having a reasonable excuse for the purposes of that subsection if P’s presence in the tunnel was authorised by a person with an interest in land which entitled them to authorise P’s presence there.

• (4) A person who commits 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 3 years, to a fine or to both.

• (5) For the purposes of this section—

• (a) “tunnel” means an excavation that extends beneath land, whether or not it leads to a particular destination;

• (b) an excavation which is created with the intention that it will become or connect with a tunnel is to be treated as a tunnel, whether or not any tunnel with which it is intended to connect has already been created.

• (6) In this section “relevant tunnel” means a tunnel that was created for the purposes of, or in connection with, a protest (and it does not matter whether an offence has been committed under section 3 in relation to the creation of the tunnel).

• (7) References in this section to the creation of an excavation include—

• (a) the extension or enlargement of an excavation, and

• (b) the alteration of a natural or artificial underground feature.

• (8) This section does not apply in relation to a tunnel if or to the extent that it is in or under a dwelling.

• (9) In this section “dwelling” has the same meaning as in section 1 (offence of locking on).

Offence of being equipped for tunnelling etc

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• (1) A person commits an offence if they have an object with them in a place other than a dwelling with the intention that it may be used in the course of or in connection with the commission by any person of an offence under section 3(1) or 4(1) (offences relating to tunnelling).

• (2) A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences, to a fine or to both.

• (3) In subsection (2), “the maximum term for summary offences” means—

• (a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales) comes into force, six months;

• (b) if the offence is committed after that time, 51 weeks.

• (4) In this section “dwelling” has the same meaning as in section 1 (offence of locking on).

Offences involving works and infrastructure

Obstruction etc of major transport works

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• (1) A person commits an offence if the person—

• (a) obstructs the undertaker or a person acting under the authority of the undertaker—

• (i) in setting out the lines of any major transport works,

• (ii) in constructing or maintaining any major transport works, or

• (iii) in taking any steps that are reasonably necessary for the purposes of facilitating, or in connection with, the construction or maintenance of any major transport works, or

• (b) interferes with, moves or removes any apparatus which—

• (i) relates to the construction or maintenance of any major transport works, and

• (ii) belongs to a person within subsection (5).

• (2) It is a defence for a person charged with an offence under subsection (1) to prove that—

• (a) they had a reasonable excuse for the act mentioned in paragraph (a) or (b) of that subsection, or

• (b) the act mentioned in paragraph (a) or (b) of that subsection was done wholly or mainly in contemplation or furtherance of a trade dispute.

• (3) A person who commits an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences, to a fine or to both.

• (4) In subsection (3) “the maximum term for summary offences” means—

• (a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales) comes into force, six months;

• (b) if the offence is committed after that time, 51 weeks.

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

• (a) the undertaker;

• (b) a person acting under the authority of the undertaker;

• (c) a statutory undertaker;

• (d) a person acting under the authority of a statutory undertaker.

• (6) In this section “major transport works” means—

• (a) works in England and Wales—

• (i) relating to transport infrastructure, and

• (ii) the construction of which is authorised directly by an Act of Parliament, or

• (b) works the construction of which comprises development within subsection (7) that has been granted development consent by an order under section 114 of the Planning Act 2008.

• (7) Development is within this subsection if—

• (a) it is or forms part of a nationally significant infrastructure project within any of paragraphs (h) to (l) of section 14(1) of the Planning Act 2008,

• (b) it is or forms part of a project (or proposed project) in the field of transport in relation to which a direction has been given under section 35(1) of that Act (directions in relation to projects of national significance) by the Secretary of State, or

• (c) it is associated development in relation to development within paragraph (a) or (b).

• (8) In this section “undertaker”—

• (a) in relation to major transport works within subsection (6)(a), means a person who is authorised by or under the Act (whether as a result of being appointed the nominated undertaker for the purposes of the Act or otherwise) to construct or maintain any of the works;

• (b) in relation to major transport works within subsection (6)(b), means a person who is constructing or maintaining any of the works (whether as a result of being the undertaker for the purposes of the order granting development consent or otherwise).

• (9) In this section—

• “associated development” has the same meaning as in the Planning Act 2008 (see section 115 of that Act);

• “development” has the same meaning as in the Planning Act 2008 (see section 32 of that Act);

• “development consent” has the same meaning as in the Planning Act 2008 (see section 31 of that Act);

• “England” includes the English inshore region within the meaning of the Marine and Coastal Access Act 2009 (see section 322 of that Act);

• “maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” is to be construed accordingly;

• “nationally significant infrastructure project” has the same meaning as in the Planning Act 2008 (see section 14(1) of that Act);

• “statutory undertaker” means a person who is, or who is deemed to be, a statutory undertaker for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990;

• “trade dispute” has the same meaning as in Part 4 of the Trade Union and Labour Relations (Consolidation) Act 1992, except that section 218 of that Act is to be read as if—it made provision corresponding to section 244(4) of that Act, andin subsection (5), the definition of worker included any person falling within paragraph (b) of the definition of worker in section 244(5) of that Act;

• “Wales” includes the Welsh inshore region within the meaning of the Marine and Coastal Access Act 2009 (see section 322 of that Act).

• (10) In section 14 of the Planning Act 2008 (nationally significant infrastructure projects), after subsection (3) insert—

(3A) An order under subsection (3)(a) may also amend section 6(7)(a) of the Public Order Act 2023 (obstruction etc of major transport works).

Interference with use or operation of key national infrastructure

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