PART 4Community protection
CHAPTER 2Public spaces protection orders
Supplemental
71Bodies other than local authorities with statutory functions in relation to land
1
The Secretary of State may by order—
a
designate a person or body (other than a local authority) that has power to make byelaws in relation to particular land, and
b
specify land in England to which the power relates.
2
This Chapter has effect as if—
a
a person or body designated under subsection (1) (a “designated person”) were a local authority, and
b
land specified under that subsection were within its area.
But references in the rest of this section to a local authority are to a local authority that is not a designated person.
3
The only prohibitions or requirements that may be imposed in a public spaces protection 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.
4
A public spaces protection 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 made by a local authority.
5
Where a public spaces protection order made by a local authority regulates, in relation to a particular public space, an activity that a public spaces protection order made by a designated person already regulates, the order made by the designated person ceases to have that effect.
6
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—
a
no part of the land may form, or fall within, the restricted area of any public spaces protection order made by the local authority;
b
if any part of the land—
i
forms the restricted area of a public spaces protection order already made by the local authority, or
ii
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).