Moved by
Lord Coaker
104FE: After Clause 172, insert the following new Clause—
“Fast-track public space protection orders
In the Anti-social Behaviour, Crime and Policing Act 2014, after section 61 (variation and discharge of orders) insert—
“61A Fast-track public spaces protection orders
(1) A local authority may make a fast-track public spaces protection order where the conditions under subsections (2) or (3) are met.
(2) The conditions under this subsection are—
(a) the public space to which the order will apply is a school within the local authority area;
(b) activities carried on, or likely to be carried on, in the vicinity of the school have had, or are likely to have, a detrimental effect on the quality of life for pupils and staff; and
(c) consent for the order to be applied has been granted by—
(i) the leadership of the school to which the order will apply,
(ii) a chief officer of police of the police area in which the school to which the order will apply is located, and
(iii) the leader of the local authority which will make the order.
(3) The conditions under this subsection are—
(a) the public space to which the order will be applied is a venue providing NHS vaccination services to the public;
(b) activities have been carried on, or are likely to be carried on, in the vicinity of the venue with the intent of—
(i) harassing or intimidating members of the public using the service, or staff or volunteers providing the service, or
(ii) impeding members of the public from accessing the service, or staff or volunteers from providing the service; and
(c) consent for the order to be applied has been granted by—
(i) the NHS body with responsibility for provision of the service to which the order will apply,
(ii) a chief officer of police of the police area in which the venue to which the order will apply is located, and
(iii) the leader of the local authority which will make the order.
(4) A public spaces protection order granted under this section may come into effect immediately on the fulfilment of the requirements in subsection (2) or (3).
(5) Restrictions in section 72(3), that consultation must take place before an order is made, do not apply to public spaces protection orders made under this section.
(6) The local authority must carry out the necessary consultation, as defined in section 72, following the making of an order under this section.
(7) A fast-track public spaces protection order may not have effect for a period of more than 6 months unless extended under this section.
(8) Before the time when a fast-track public spaces protection order is due to expire, the local authority 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 time.
(9) A fast-track public spaces protection order under this section may not be extended for a period of more than 6 months.””
Member’s explanatory statement
This would allow fast-track public spaces protection orders, which can come into effect immediately, to be made for schools and vaccination centres. Usual statutory consultation on the order would still be held, but would not delay the start date of the order.