Anti-social Behaviour, Crime and Policing Act 2014

Who may issue notices E+W

53 Authorised persons E+W

(1) A community protection notice or a fixed penalty notice may be issued by—

(a) a constable;

(b) the relevant local authority (see subsections (2) and (3));

(c) a person designated by the relevant local authority for the purposes of this section.

(2) For a community protection notice, “the relevant local authority” means the local authority (or, as the case may be, any of the local authorities) within whose area the conduct specified in the notice has, according to the notice, been taking place.

(3) For a fixed penalty notice, “the relevant local authority” means the local authority (or, as the case may be, any of the local authorities) within whose area the offence in question is alleged to have taken place.

(4) Only a person of a description specified in an order made by the Secretary of State for the purposes of subsection (1)(c) may be designated under that subsection.

(5) In Part 1 of Schedule 4 to the Police Reform Act 2002 (powers exercisable by community support officers), after paragraph 1ZA there is inserted—

“Power to issue community protection notices

1ZB A person shall have the power of a constable to issue a community protection notice under section 43 of the Anti-social Behaviour, Crime and Policing Act 2014 if—

(a) a designation applies this paragraph to that person, and

(b) the conduct specified in the notice has (according to the notice) been taking place within the relevant police area.”

(6) In paragraph 1 of that Schedule (power of community support officers to issue fixed penalty notices), after paragraph (ab) of sub-paragraph (2) there is inserted—

“(ac) the power of a constable to issue a fixed penalty notice under section 52 of the Anti-social Behaviour, Crime and Policing Act 2014 (fixed penalty notice in respect of failure to comply with community protection notice);”.

Commencement Information

I1 S. 53 in force at 20.10.2014 by S.I. 2014/2590, art. 3(c)