A local authority, in deciding—
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.
In subsection (1) "Convention" has the meaning given by section 21(1) of the Human Rights Act 1998.
A local authority must carry out the necessary consultation and the necessary publicity, and the necessary notification (if any), before—
In subsection (3)—
"the necessary consultation" means consulting with—
(a)the chief officer of police, and the local policing body, for the police area that includes the restricted area;
(b)whatever community representatives the local authority thinks it appropriate to consult;
(c)the owner or occupier of land within the restricted area;
"the necessary publicity" means—
(a)in the case of a proposed order or variation, publishing the text of it;
(b)in the case of a proposed extension or discharge, publicising the proposal;
"the necessary notification" means notifying the following authorities of the proposed order, extension, variation or discharge—
(a)the parish council or community council (if any) for the area that includes the restricted area;
(b)in the case of a public spaces protection order made or to be made by a district council in England, the county council (if any) for the area that includes the restricted area.
The requirement to consult with the owner or occupier of land within the restricted area—
In the case of a person or body designated under section 71, the necessary consultation also includes consultation with the local authority which (ignoring subsection (2) of that section) is the authority for the area that includes the restricted area.
In relation to a variation of a public spaces protection order that would increase the restricted area, the restricted area for the purposes of this section is the increased area.