Criminal Justice and Police Act 2001

47 Application of section 46 by order to public structures

(1) The Secretary of State may, by order, provide for section 46 to apply in relation to any public structure of a description specified in the order as it applies in relation to a public telephone.

(2) In this section—

• “public structure” means any structure that—

  (a)

  is provided as an amenity for the use of the public or a section of the public, and

  (b)

  is located in a public place; and

• “public place” and “public telephone” have the same meaning as in section 46.

(3) At any time when an order under this section has effect, the reference in section 24(2) of the Police and Criminal Evidence Act 1984 (c. 60) to an offence under section 46 of this Act shall be construed as including an offence under that section by virtue of the order.

(4) The power to make an order under this section is exercisable by statutory instrument.

(5) No order may be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.