The Public Order Act 2023 (Commencement No. 3) (England and Wales) Regulations 2023

These Regulations bring into force provisions of the Public Order Act 2023 (c. 15) (“the Act”). They are the fourth commencement regulations to be made under the Act, but the third which extend only to England and Wales.

Regulation 2 brings into force sections 10, 11, 12, 13 (to the extent not already in force) and 14 of the Act.

Section 10 amends section 1(8) of the Police and Criminal Evidence Act 1984 (“PACE”) to extend police suspicion-led stop and search powers in relation to prohibited articles to include seven additional protest-related offences.

Section 11 makes provision for suspicion-less stop and search powers in relation to protest-related offences.

Section 12 makes provision about authorisations and directions under section 11, including a requirement for an inspector making an authorisation to inform a police officer of or above the rank of superintendent as soon as practicable.

Section 13 contains further provisions relating to searches under section 11.

Section 14 makes it an offence for a person to intentionally obstruct an officer in exercising their powers under section 11.

A revised PACE Code A containing safeguards in relation to police stop and search powers comes into force on the same day as the provisions being brought into force by these Regulations.

A full impact assessment has not been prepared for this instrument as the Regulations themselves have no impact on the private, voluntary or public sector. A full impact assessment has been prepared in relation to the Act, and a copy is available at https://bills.parliament.uk/bills/3153/publications. A hard copy can be obtained by writing to the Home Office, Direct Communications Unit, 2 Marsham Street, London, SW1P 4DF, United Kingdom.