Legislation – Anti-social Behaviour, Crime and Policing Act 2014

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PART 4Community protection

CHAPTER 2Public spaces protection orders and expedited orders

Supplemental

F172AExpedited orders: Convention rights and consents

(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—

(a)

in relation to a school maintained by a local authority, the governing body;

(b)

in relation to any other school or a 16 to 19 Academy, the proprietor;

“appropriate NHS authority” means—

(a)

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;

(b)

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;

(c)

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.