Anti-social Behaviour, Crime and Policing Act 2014

61 Variation and discharge of orders E+W

(1) Where a public spaces protection order [F1 or expedited order] is in force, the local authority that made the order may vary it—

(a) by increasing or reducing the restricted area;

(b) by altering or removing a prohibition or requirement included in the order, or adding a new one.

(2) A local authority may [F2 under subsection (1)(a) make a variation to a public spaces protection order] that results in the order applying to an area to which it did not previously apply only if the conditions in section 59(2) and (3) are met as regards activities in that area.

[F3 (2A) A local authority may under subsection (1)(a) make a variation to an expedited order that results in the order applying to an area to which it did not previously apply only if the conditions in section 59A(2) to (4) are met as regards that area.]

(3) A local authority may make a variation under subsection (1)(b) that makes a prohibition or requirement more extensive, or adds a new one, only if the prohibitions and requirements imposed by the order as varied are ones that section 59(5) [F4 or 59A(6) (as the case may be)] allows to be imposed.

(4) A public spaces protection order [F5 or expedited order] may be discharged by the local authority that made it.

(5) Where an order is varied, the order as varied must be published in accordance with regulations made by the Secretary of State.

(6) Where an order is discharged, a notice identifying the order and stating the date when it ceases to have effect must be published in accordance with regulations made by the Secretary of State.

Textual Amendments

F1 Words in s. 61(1) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 7 para. 6(2); S.I. 2022/520, reg. 5(j)

F2 Words in s. 61(2) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 7 para. 6(3); S.I. 2022/520, reg. 5(j)

F3 S. 61(2A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 7 para. 6(4); S.I. 2022/520, reg. 5(j)

F4 Words in s. 61(3) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 7 para. 6(5); S.I. 2022/520, reg. 5(j)

F5 Words in s. 61(4) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(1), Sch. 7 para. 6(6); S.I. 2022/520, reg. 5(j)

Commencement Information

I1 S. 61 in force at 20.10.2014 by S.I. 2014/2590, art. 3(c)