Part 1: Counter-terrorism Chapter 3: Counter-terrorism powers Section 15: Traffic regulation
This section makes amendments to the 1984 Act in respect of the operation of ATTROs.
	The 1984 Act enables traffic authorities (broadly speaking local authorities in England, Wales and Scotland, together with Transport for London and Highways England) to put in place various restrictions on traffic within their areas by way of a Traffic Regulation Order ("TRO"). Section 1 of the 1984 Act provides for the making of permanent orders by a traffic authority outside Greater London (section 6 makes equivalent provision for Greater London). Amongst other things, a permanent order may be made for the purpose of:
	Avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of any such danger arising (section 1(1)(a)), or
	Preventing damage to the road or to any building on or near the road (section 1(1)(b)).
	Section 14 provides for the making of temporary TROs and Traffic Regulation Notices ("TRNs"). A traffic authority may make a temporary order where they are satisfied that traffic on the road should be restricted or prohibited because of, amongst other things, the likelihood of danger to the public, or of serious damage to the road, which is not attributable to works on or near the road (section 14(1)(b)). A traffic authority may make a temporary notice where it appears to the authority that it is necessary for the reason in section 14(1)(b) that the restriction or prohibition should come into force without delay.
	Temporary orders made due to the likelihood of danger to the public, or of serious damage to the road, have a maximum duration of 18 months’. Temporary notices may not remain in force for more than 21 days.
	Under section 2 of the 1984 Act, TROs (or TRNs) may make any provision prohibiting, restricting or regulating the use of a road by traffic or pedestrians, including parking.
	Section 22C of the 1984 Act makes provision for ATTROs and Anti-Terrorism Traffic Regulation Notices ("ATTRNs"). These are in effect a sub-category of TROs/TRNs and rely on the underlying powers in sections 1, 6 and 14 of the 1984 Act to make permanent or temporary TROs and TRNs, as appropriate. A permanent ATTRO may be made under section 1(1)(a) for the purpose of avoiding or reducing, or reducing the likelihood of, danger connected with terrorism, or under section 1(1)(b) for the purpose of preventing or reducing damage connected with terrorism (section 22C(1) and (2)). Permanent ATTROs may be made in Greater London for the same reasons under the corresponding power in section 6 (section 22C(3)). A temporary ATTRO or ATTRN may be made under section 14 for a purpose relating to danger or damage connected with terrorism (section 22C(4) and (5)). "Terrorism" has the same meaning as in section 1 of the 2000 Act.
Section 1 of the 2000 Act - Terrorism: interpretation
(1) In this Act "terrorism" means the use or threat of action where–
(a) the action falls within subsection (2),
(b) the use or threat is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, and
(c) the use or threat is made for the purpose of advancing a political, religious, racial or ideological cause.
(2) Action falls within this subsection if it–
(a) involves serious violence against a person,
(b) involves serious damage to property,
(c) endangers a person's life, other than that of the person committing the action,
(d) creates a serious risk to the health or safety of the public or a section of the public, or
(e) is designed seriously to interfere with or seriously to disrupt an electronic system.
(3) The use or threat of action falling within subsection (2) which involves the use of firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied.
(4) In this section–
(a) "action" includes action outside the United Kingdom,
(b) a reference to any person or to property is a reference to any person, or to property, wherever situated,
(c) a reference to the public includes a reference to the public of a country other than the United Kingdom, and
(d) "the government" means the government of the United Kingdom, of a part of the United Kingdom or of a country other than the United Kingdom.
(5) In this Act a reference to action taken for the purposes of terrorism includes a reference to action taken for the benefit of a proscribed organisation.
	Section 22D of the 1984 Act makes supplementary provision in respect of ATTROs. In particular, subsection (1) provides that an ATTRO may only be made by a traffic authority on the recommendation of the chief officer of police for the area to which the order relates. A chief officer will typically be advised by the specialist local police Counter-Terrorism Security Advisor or the Centre for the Protection of National Infrastructure.
	Examples of permanent ATTROs include the control lane outside Parliament along Abingdon Street and Grosvenor Square around the former US embassy. Examples of events where a temporary ATTRO have operated include the annual conferences of the main political parties, the start and end of the London marathon, G8 conferences, the NATO summit and royal weddings.
	The Local Authority (Transport Charges) Regulations 1998 (S.I. 1998/948), made under section 150 of the Local Government and Housing Act 1989, authorise local authorities to impose charges on specified persons in connection with the costs of orders or notices made under sections 1, 6 and 14 of the 1984 Act. These Regulations do not expressly provide for a power to impose charges where an order or notice is made under section 1, 6 or 14 of the 1984 Act by virtue of the power in section 22C.
	Subsection (2) inserts new section 22CA into the 1984 Act which provides for an express power to charge in such cases. Such charges may cover the reasonable costs of anything done in connection with or in consequence of the order or notice or the making of the order or notice. Such costs might include, in particular, expenditure in relation to the requirements to advertise the making of an order (see paragraph 106 below). Charges may be imposed either on the promoter or organiser of a relevant event (as defined in new section 22CA(5) – the definition covers, for example, the organiser of a sporting event (such as a marathon) or a Christmas street market) or on the occupier of a relevant site (as defined in new section 22CA(5) to (7) – the definition covers, for example, an oil refinery or power station). A charge may not be imposed on the organiser of a public procession or assembly held for a purpose specified in new section 22CA(4).
	As indicated in paragraph 100 above, section 22C(5) enables an ATTRN to be made. The supplementary provisions in section 22D inadvertently only refer to ATTROs made by virtue of section 22C, and not to ATTRNs. Subsections (4), (6), (7), (8) and (9)(a) and (b) amend section 22D so that the provisions in that section also apply to ATTRNs. Those provisions are:
	The requirement that an order made by virtue of section 22C may only be made on the recommendation of the chief officer of police for the area to which the order relates (subsection (1));
	The disapplication of specified provisions of the 1984 Act (for example, the restrictions on a TRO in section 3) in relation to an order made by virtue of section 22C (subsection (2));
	The application of sections 92 to 94 of the 1984 Act (which relate to the placing of bollards and other obstructions) to a temporary order made under section 14 by virtue of section 22C (subsection (3));
	The enabling of an order made by virtue of section 22C to authorise the undertaking of works for the purpose of, or for a purpose ancillary to, another provision of the order (subsection (4)); and
	That an order made by virtue of section 22C may enable a constable to direct that a provision of the order shall be commenced, suspended or revived; confer a discretion on a constable; or make provision conferring a power on a constable in relation to the placing of structures or signs (subsection (5)).
	The procedure to be adopted by a traffic authority for making permanent orders is set out in the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 (SI 1996/2489), as amended, and the Local Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1999 (SI 1999/614), as amended. Regulation 7 of the England and Wales Regulations and regulation 5 of the Scottish Regulations specify requirements for publicising proposals to make an order, including a requirement to place a notice in one or more local newspapers. The procedure for making temporary orders is set out in the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 (SI 1992/1215), as amended. Regulation 3, which relates to temporary orders (there is no equivalent provision for temporary notices), again requires the traffic authority to publicise the intention to make an order by placing a notice in one or more local newspapers. Subsection (5) of the section inserts new subsection (1A) into section 22D of the 1984 Act which disapplies any statutory requirement (such as those referenced above) to publicise the making of an ATTRO where the relevant chief officer of police is of the opinion that such publicity would risk undermining the purpose of the order (for example, by highlighting a potential target, revealing the fact of a sensitive visit by a VIP, or indicating the extent of a protective security cordon).
	Section 22D(5) of the 1984 Act provides that an order made by virtue of section 22C may: (a) enable a constable to direct that a provision of the order shall be commenced, suspended or revived; (b) confer a discretion on a constable; or (c) make provision conferring a power on a constable in relation to the placing of structures or signs. Subsection (9)(c) of the section provides that an ATTRO or ATTRN may enable a constable to authorise a person of a description specified in the ATTRO or ATTRN to do anything a constable can do by virtue of section 22D(5). Such a description of persons might include, for example, local authority staff, event stewards or security guards employed by a company contracted to provide security for an event to which the ATTRO relates (such as a sporting or musical event). Under such delegated authority, it might be left to a security guard or steward to determine when a provision of an ATTRO is to commence or cease operating on a given day – the ATTRO might, for example, provide for a road to be closed off from 10:00 to 22:00, but a security guard could determine that on a particular day the road can be re-opened an hour earlier. The ability for an ATTRO to confer a discretion on a constable may be used, in particular, to enable a police officer manning a barrier or gate that has closed off a road to exercise his or her discretion to allow accredited vehicles or persons through the barrier or gate; this provision would enable another authorised person to exercise such discretion.
	Section 67 of the 1984 Act empowers the police in extraordinary circumstances to deploy temporary traffic signs indicating that prohibitions, restrictions or requirements in respect of vehicular traffic are in operation. Extraordinary circumstances include terrorism or the prospect of terrorism. Where the section 67 power is being exercised for such counter-terrorism purposes, it is available for up to 28 days, thereby giving sufficient time to secure a temporary ATTRO if the terrorist threat was deemed to be continuing. The power conferred by section 67 is only exercisable in relation to vehicular traffic; subsection (10) amends section 67 so that, insofar as the power is exercised in connection with terrorism or the prospect of terrorism, it may also be used to place prohibitions, restrictions or requirements on pedestrians so, for example, prohibiting all access (by vehicles and pedestrians) to a stretch of road.
	Section 67 does not currently provide for the deployment of obstructions, such as bollards and barriers, to enforce compliance with such prohibitions, restrictions or requirements and the police instead rely on common law powers to deploy such obstructions. Subsection (11) of the section inserts new section 94A into the 1984 Act which confers a statutory power on the police to deploy bollards or other obstructions where the section 67 power is being used for counter-terrorism purposes. New section 94A(6) preserves the existing common law powers.