Moved by
Lord Taylor of Holbeach
53: After Clause 66, insert the following new Clause—
“Bodies other than local authorities with statutory functions in relation to land
(1) The Secretary of State may by order—
(a) designate a person or body (other than a local authority) that has power to make byelaws in relation to particular land, and
(b) specify land in England to which the power relates.
(2) This Chapter has effect as if—
(a) a person or body designated under subsection (1) (a “designated person”) were a local authority, and
(b) land specified under that subsection were within its area.
But references in the rest of this section to a local authority are to a local authority that is not a designated person.
(3) The only prohibitions or requirements that may be imposed in a public spaces protection order made by a designated person are ones that it has power to impose (or would, but for section 66, have power to impose) by making a byelaw in respect of the restricted area.
(4) A public spaces protection order made by a designated person may not include provision regulating, in relation to a particular public space, an activity that is already regulated in relation to that space by a public spaces protection order made by a local authority.
(5) Where a public spaces protection order made by a local authority regulates, in relation to a particular public space, an activity that a public spaces protection order made by a designated person already regulates, the order made by the designated person ceases to have that effect.
(6) If a person or body that may be designated under subsection (1)(a) gives a notice in writing under this subsection, in respect of land in relation to which it has power to make byelaws, to a local authority in whose area the land is situated—
(a) no part of the land may form, or fall within, the restricted area of any public spaces protection order made by the local authority;
(b) if any part of the land—
(i) forms the restricted area of a public spaces protection order already made by the local authority, or
(ii) falls within such an area,