Public Order Act 2023

Provisions of serious disruption prevention orders E+W

22 Provisions of serious disruption prevention order E+W

(1) The only requirements and prohibitions that may be imposed on a person by a serious disruption prevention order are those which the court making the order thinks are necessary for a purpose mentioned in section 20(5) or 21(4) (as the case may be).

(2) The requirements imposed on a person (“P”) by a serious disruption prevention order may, in particular, have the effect of requiring P—

(a) to present themselves to a particular person at a particular place at, or between, particular times on particular days;

(b) to remain at a particular place for particular periods.

(3) Sections 23 and 24 make further provision about the inclusion of requirements (including notification requirements) in a serious disruption prevention order.

(4) The prohibitions imposed on a person (“P”) by a serious disruption prevention order may, in particular, have the effect of prohibiting P from—

(a) being in or entering a particular place or area;

(b) being in or entering a particular place or area between particular times on particular days;

(c) being in or entering a particular place or area between particular times on any day;

(d) being with particular persons;

(e) participating in particular activities;

(f) having particular articles with them;

(g) using the internet to facilitate or encourage persons to—

(i) commit a protest-related offence or a protest-related breach of an injunction, or

(ii) carry out activities related to a protest that result in, or are likely to result in, serious disruption to two or more individuals, or to an organisation, in England and Wales.

(5) References in this section to a particular place or area or particular persons, activities or articles include a place, area, persons, activities or articles of a particular description.

(6) A serious disruption prevention order which imposes prohibitions on a person may include exceptions from those prohibitions.

(7) Nothing in this section affects the generality of sections 20(6) and 21(5).

(8) The requirements or prohibitions which are imposed on a person by a serious disruption prevention order must, so far as practicable, be such as to avoid—

(a) any conflict with the person’s religious beliefs, and

(b) any interference with the times, if any, at which the person normally works or attends any educational establishment.

Commencement Information

I1 S. 22 not in force at Royal Assent, see s. 35(5)

I2 S. 22 in force at 5.4.2024 by S.I. 2024/472, reg. 2(c)

23 Requirements in serious disruption prevention order E+W

(1) A serious disruption prevention order which imposes on a person (“P”) a requirement, other than a notification requirement under section 24, must specify a person who is to be responsible for supervising compliance with the requirement.

(2) That person may be an individual or an organisation.

(3) Before including such a requirement, the court must receive evidence about its suitability and enforceability from—

(a) the individual to be specified under subsection (1), if an individual is to be specified;

(b) an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.

(4) Before including two or more such requirements, the court must consider their compatibility with each other.

(5) It is the duty of a person specified under subsection (1)—

(a) to make any necessary arrangements in connection with the requirements for which the person has responsibility (the “relevant requirements”);

(b) to promote P’s compliance with the relevant requirements;

(c) if the person considers that P—

(i) has complied with all of the relevant requirements, or

(ii) has failed to comply with a relevant requirement,

to inform the appropriate chief officer of police.

(6) In subsection (5)(c) “the appropriate chief officer of police” means—

(a) the chief officer of police for the police area in which it appears to the person specified under subsection (1) that P lives, or

(b) if it appears to that person that P lives in more than one police area, whichever of the chief officers of police of those areas the person thinks it is most appropriate to inform.

(7) Where P is subject to a requirement in a serious disruption prevention order, other than a notification requirement under section 24, P must—

(a) keep in touch with the person specified under subsection (1) in relation to that requirement, in accordance with any instructions given by that person from time to time, and

(b) notify that person of any change of P’s home address.

(8) The obligations mentioned in subsection (7) have effect as if they were requirements imposed on P by the order.

Commencement Information

I3 S. 23 not in force at Royal Assent, see s. 35(5)

I4 S. 23 in force at 5.4.2024 by S.I. 2024/472, reg. 2(d)

24 Notification requirements in serious disruption prevention order E+W

(1) A serious disruption prevention order made in respect of a person (“P”) must impose on P the notification requirements in subsections (2) and (4).

(2) P must be required to notify the information in subsection (3) to the police within the period of 3 days beginning with the day on which the order takes effect.

(3) That information is—

(a) P’s name on the day that the notification is given and, where P uses one or more other names on that day, each of those names,

(b) P’s home address on that day, and

(c) the address of any other premises at which, on that day, P regularly resides or stays.

(4) P must be required to notify the information in subsection (5) to the police within the period of 3 days beginning with the day on which P—

(a) uses a name which has not been previously notified to the police in accordance with the order,

(b) changes their home address, or

(c) decides to live for a period of one month or more at any premises the address of which has not been previously notified to the police in accordance with the order.

(5) That information is—

(a) in a case within subsection (4)(a), the name which has not previously been notified,

(b) in a case within subsection (4)(b), the new home address, and

(c) in a case within subsection (4)(c), the address of the premises at which P has decided to live.

(6) A serious disruption prevention order must provide that P gives a notification of the kind mentioned in subsection (2) or (4) by—

(a) attending at a police station in a police area in which P lives, and

(b) giving an oral notification to a police officer, or to any person authorised for the purpose by the officer in charge of the station.

Commencement Information

I5 S. 24 not in force at Royal Assent, see s. 35(5)

I6 S. 24 in force at 5.4.2024 by S.I. 2024/472, reg. 2(e)

25 Duration of serious disruption prevention order E+W

(1) A serious disruption prevention order takes effect on the day it is made, subject to subsections (3) and (4).

(2) A serious disruption prevention order must specify the period for which it has effect, which must be a fixed period of not less than 1 week and not more than 2 years.

(3) Subsection (4) applies in relation to a serious disruption prevention order made in respect of a person (“P”) if—

(a) P has been remanded in or committed to custody by an order of a court,

(b) a custodial sentence has been imposed on P or P is serving or otherwise subject to such a sentence, or

(c) P is on licence for part of the term of a custodial sentence.

(4) The order may provide that it does not take effect until—

(a) P is released from custody,

(b) P ceases to be subject to a custodial sentence, or

(c) P ceases to be on licence.

(5) A serious disruption prevention order may specify periods for which particular requirements or prohibitions have effect.

(6) Where a court makes a serious disruption prevention order in respect of a person and the person is already subject to such an order, the earlier order ceases to have effect.

(7) In this section “custodial sentence”—

(a) has the same meaning as in the Sentencing Code, and

(b) includes a “pre-Code custodial sentence” within the meaning of the Sentencing Code (see section 222 of the Code).

Commencement Information

I7 S. 25 not in force at Royal Assent, see s. 35(5)

I8 S. 25 in force at 5.4.2024 by S.I. 2024/472, reg. 2(f)

26 Other information to be included in serious disruption prevention order E+W

A serious disruption prevention order made in respect of a person must specify—

(a) the reasons for making the order, and

(b) the penalties which may be imposed on the person for breaching the order.

Commencement Information

I9 S. 26 not in force at Royal Assent, see s. 35(5)

I10 S. 26 in force at 5.4.2024 by S.I. 2024/472, reg. 2(g)