Section 64: Orders restricting public right of way over highway

Anti-social Behaviour, Crime and Policing Act 2014 · 2014 c. 12View on legislation.gov.uk

Part 4: Community protection — CHAPTER 2: Public spaces protection orders and expedited orders

A local authority may not make a public spaces protection order or expedited order that restricts the public right of way over a highway without considering—

the likely effect of making the order on the occupiers of premises adjoining or adjacent to the highway;
the likely effect of making the order on other persons in the locality;
in a case where the highway constitutes a through route, the availability of a reasonably convenient alternative route.

Before making a public spaces protection order that restricts the public right of way over a highway, a local authority must take the prior consultation steps (see subsection (2)).

A local authority may not make an expedited order that restricts the public right of way over a highway unless it—

takes the prior consultation steps before making the order, or
takes the subsequent consultation steps (see subsection (2A)) as soon as reasonably practicable after making the order.

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

Where a local authority proposes to make an expedited order restricting the public right of way over a highway that is also within the area of another local authority it must, if it thinks appropriate to do so, consult that other authority before, or as soon as reasonably practicable after, making the order.

A public spaces protection order or expedited order may not restrict the public right of way over a highway for the occupiers of premises adjoining or adjacent to the highway.

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

In 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 or expedited order may not restrict the public right of way over the highway during periods when the premises are normally used for those purposes.

A public spaces protection order or expedited order that restricts the public right of way over a highway may authorise the installation, operation and maintenance of a barrier or barriers for enforcing the restriction.

A local authority may install, operate and maintain barriers authorised under subsection (7).

A highway over which the public right of way is restricted by a public spaces protection order or expedited 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)).

In this section—

  • "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.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.