Anti-social Behaviour, Crime and Policing Bill (HL Bill 78)

Who may issue notices

52 Authorised persons

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

(a) a constable;

(b) 5the relevant local authority (see subsections (2) and (3));

(c) a person designated by the relevant local authority for the purposes of
this section.

(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
10whose 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) 15Only 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) In Part 1 of Schedule 4 to the Police Reform Act 2002 (powers exercisable by
community support officers), after paragraph 1ZA there is inserted—

20“Power to issue community protection notices

1ZB A person shall have the power of a constable to issue a community
protection notice under section 42 of the Anti-social Behaviour,
Crime and Policing Act 2014 if—

(a) a designation applies this paragraph to that person, and

(b) 25the conduct specified in the notice has (according to the
notice) been taking place within the relevant police area.”

(6) In paragraph 1 of that Schedule (power of community support officers to issue
fixed penalty notices), after paragraph (ab) of sub-paragraph (2) there is
inserted—

“(ac) 30the power of a constable to issue a fixed penalty notice under
section 51 of the Anti-social Behaviour, Crime and Policing
Act 2014 (fixed penalty notice in respect of failure to comply
with community protection notice);”.

Supplemental

53 35Exemption from liability

(1) A local authority exercising or purporting to exercise a power under section
46(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) 40A person carrying out work under section 46(2), or a person by or on whose
behalf work is carried out under section 48(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) 5to 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
10common law or otherwise).

54 Issuing of notices

(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

(c) 15sending it by post to the person at that address.

(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) 20For 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) 25in 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
30the 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
35the purposes of this section and section 7 of the Interpretation Act 1978 as the
person’s proper address.

55 Guidance

(1) The Secretary of State may issue—

(a) guidance to chief officers of police about the exercise, by officers under
40their direction or control, of those officers’ functions under this
Chapter;

(b) guidance to local authorities about the exercise of their functions under
this Chapter and those of persons designated under section 52(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.

56 Interpretation of Chapter 1

5In this Chapter—

• “conduct” includes a failure to act;

• “local authority” means—

  (a)

  in relation to England, a district council, a county council for an
  area for which there is no district council, a London borough
  10council, the Common Council of the City of London or the
  Council of the Isles of Scilly;

  (b)

  in relation to Wales, a county council or a county borough
  council;

• “owner”, in relation to premises, means—

  (a)

  15a person (other than a mortgagee not in possession) entitled to
  dispose of the fee simple of the premises, whether in possession
  or in reversion;

  (b)

  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
  20less then 3 years;

• “premises” includes any land.

57 Saving and transitional provision

(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) 25a 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
30Protection Act 1990;

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

(c) a street litter control notice under section 93 of that Act;

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

(3) 35A 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) 40In this section “commencement day” means the day on which this Chapter
comes into force.

CHAPTER 2 Public spaces protection orders

Public spaces protection orders

58 Power to make orders

(1) A local authority may make a public spaces protection order if satisfied on
5reasonable 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
10area and that they will have such an effect.

(3) The second condition is that the effect, or likely effect, of the activities—

(a) is, or is likely to be, of a persistent or continuing nature,

(b) is, or is likely to be, such as to make the activities unreasonable, and

(c) justifies the restrictions imposed by the notice.

(4) 15A public spaces protection order is an order that identifies the public place
referred to in subsection (2) (“the restricted area”) and—

(a) prohibits specified things being done in the restricted area,

(b) requires specified things to be done by persons carrying on specified
activities in that area, or

(c) 20does both of those things.

(5) The only prohibitions or requirements that may be imposed are ones that are
reasonable to impose in order—

(a) to prevent the detrimental effect referred to in subsection (2) from
continuing, occurring or recurring, or

(b) 25to 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) 30so 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) 35identify the activities referred to in subsection (2);

(b) explain the effect of section 62 (where it applies) and section 66;

(c) specify the period for which the order has effect.

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

59 Duration of orders

(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
5authority 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
10time.

(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) 15A public spaces protection order may be extended under this section more than
once.

60 Variation and discharge of orders

(1) Where a public spaces protection order is in force, the local authority that made
the order may vary it—

(a) 20by 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 make a variation under subsection (1)(a) that results in
the order applying to an area to which it did not previously apply only if the
25conditions in section 58(2) and (3) are met as regards activities in 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 58(5) allows to be imposed.

(4) 30A public spaces protection 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
35date when it ceases to have effect must be published in accordance with
regulations made by the Secretary of State.

Prohibition on consuming alcohol

61 Premises etc to which alcohol prohibition does not apply

(1) A prohibition in a public spaces protection order on consuming alcohol does
40not 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;

(c) a place within the curtilage of premises within paragraph (a) or (b);

(d) premises which by virtue of Part 5 of the Licensing Act 2003 may at the
5relevant 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
10granted under section 115E of the Highways Act 1980 (highway-related
uses).

(2) A prohibition in a public spaces protection 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) 15within 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;

• 20“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) 25the 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.

62 Consumption of alcohol in breach of prohibition in order

(1) 30This 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

(b) intends to consume alcohol in circumstances in which doing so would
35be 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 public spaces protection
order (or authorised by virtue of section 68(1)).

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

(a) 40not 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) 45A 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) 5A 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.

10Restrictions on public rights of way

63 Orders restricting public right of way over highway

(1) A local authority may not make a public spaces protection 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
15adjoining 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.

(2) Before making such an order a local authority must—

(a) 20notify potentially affected persons of the proposed order,

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

(c) notify those persons of the period within which they may make
representations about the proposed order, and

(d) consider any representations made.

25In 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.

(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
30authority, it must consult that other authority if it thinks it appropriate to do so.

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

(6) 35In 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 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 that restricts the public right of way over a
40highway 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 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—

• 5“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.

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

(1) 10A public spaces protection order may not restrict the public right of way over
a highway that is—

(a) a special road;

(b) a trunk road;

(c) a classified or principal road;

(d) 15a 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) 20In 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
  25section 13 of that Act);

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

Validity of orders

65 Challenging the validity of orders

(1) 30An interested person may apply to the High Court to question the validity of—

(a) a public spaces protection order, or

(b) a variation of a public spaces protection order.

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

(2) 35The 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
40relation 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) 5If 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
10failure 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 any of the prohibitions or requirements
imposed by the order (or by the order as varied), may be suspended under
15subsection (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 of a variation of a public spaces protection order, in any
20legal proceedings (either before or after it is made) except—

(a) under this section, or

(b) under subsection (3) of section 66 (where the interested person is
charged with an offence under that section).

Failure to comply with orders

66 25Offence of failing to comply with order

(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

(b) to fail to comply with a requirement to which the person is subject
30under a public spaces protection 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
35to include in the public spaces protection order.

(4) Consuming alcohol in breach of a public spaces protection order is not an
offence under this section (but see section 62).

67 Fixed penalty notices

(1) A constable or an authorised person may issue a fixed penalty notice to anyone
40he or she has reason to believe has committed an offence under section 62 or 66
in relation to a public spaces protection 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
5the public spaces protection 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) 10the 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) 15state the period during which (because of subsection (4)(a))
proceedings will not be taken for the offence;

(c) specify the amount of the fixed penalty;

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

(e) 20specify permissible methods of payment.

(6) An amount specified under subsection (5)(c) must not be more than £100.

(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) 25Whatever 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
30having 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) 35states 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
  40section by the local authority that made the order (or authorised by
  virtue of section 68(2));

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