Section 71: Bodies other than local authorities with statutory functions in relation to land

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

The Secretary of State may by order—

designate a person or body (other than a local authority) that has power to make byelaws in relation to particular land, and
specify land in England to which the power relates.

The only prohibitions or requirements that may be imposed in a public spaces protection order or an expedited order made by a designated person are ones that it has power to impose (or would, but for section 70, have power to impose) by making a byelaw in respect of the restricted area.

A public spaces protection order or an expedited 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 or an expedited order made by a local authority.

Where a public spaces protection order or an expedited order made by a local authority regulates, in relation to a particular public space, an activity that a public spaces protection order or an expedited order made by a designated person already regulates, the order made by the designated person ceases to have that effect.

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—

no part of the land may form, or fall within, the restricted area of any public spaces protection order or expedited order made by the local authority;
if any part of the land—
forms the restricted area of a public spaces protection order , or an expedited order, already made by the local authority, or
falls within such an area,

the order has ceases to have effect (where sub-paragraph (i) applies), or has effect as if the restricted area did not include the land in question (where sub-paragraph (ii) applies).

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