Part 3: Public order Section 82: Expedited public spaces protection orders
This section amends the Anti-social Behaviour, Crime and Policing Act 2014 to introduce a process by which the implementation of a Public Spaces Protection Order ("PSPO") can be expedited under specific circumstances.
	New section 59A provides the powers to make an expeditated PSPO. New subsection 59A(1), provides that a local authority may make an expedited PSPO (an "expedited order") in relation to a public place within the local authority’s area if satisfied on reasonable grounds that three conditions are met.
	New subsections 59A(2) to (4) stipulate the three conditions. Firstly, the public spaces where an expedited order can be applied – schools (including a 16 to 19 Academy), vaccination, and NHS Test & Trace/Test, Trace, Protect sites. Secondly, what activities must be or likely to be carried out in the public spaces – the harassment, intimidation or impediment of those who provide or access the services of the site. Finally, what effect or likely the qualifying activities must be – is, or likely to be, persistent or continuing; make, or likely make, the activities of the site unreasonable; and justify the restrictions imposed by the expedited order.
	New subsection 59A(5) provides that an expedited order can prohibit and/or require specific activities within a "restricted area" in the public space the order applies to.
	New subsections 59A(6) and (7) specify the scope of prohibitions and requirements. Subsection (6) requires that prohibitions or requirements are reasonable to prevent or reduce the activities specified in subsection (3). Subsection (7) enables prohibitions and requirements to apply to all or specific categories of persons, all or specified times, all or specified circumstances.
	New subsection 59A(8) provides that an expedited order must identify the activities it seeks to address and specify how long the order has effect. It must also explain the effects of section 63 of the Anti-social Behaviour, Crime and Policing Act 2014 (consumption of alcohol) if applicable and section 67 of the Act (failing to comply with an order). Under section 67 it is an offence, without reasonable excuse, to fail to comply with a PSPO; the offence carries a maximum penalty of a level 3 fine (currently £1,000).
	New subsections 59A(9) to (11) provide that an expedited order may not be made in relation to a public place if that place or a part of it has been subject to a PSPO, expedited or otherwise, in the past year. This only applies to regular PSPOs which prohibited or required activity which could have been prohibited or required by an expedited PSPO.
	New subsection 59A(12) requires that an expedited order be published in accordance with regulations made by the Secretary of State.
	New section 60A stipulates that an expedited order can last no longer than six months. The Local Authority that made the expedited order may reduce or extend the duration of the expedited order, as many times as necessary, provided it does not exceed the maximum duration of six months. To extend the period, the Local Authority must be satisfied that it is necessary to prevent the activities identified in the order. Similarly to when making the order, any variation must be published in accordance with regulations made by the Secretary of State.
	New section 72A makes provision about convention rights and consents relating to expediated orders. Local authorities must have particular regard to the rights of freedom of expression and freedom of assembly when making a decision about an expeditated order. The necessary consents must be obtained before a decision is made about an expediated order. In call case, consent must be obtained from the chief officer for the police of the area impacted. For expedited PSPOs related to schools, the consent of the appropriate authority is also needed. For expedited PSPOs related to vaccination sites, the appropriate NHS body. For expedited PSPOs related to test and trace site in England, the UK Security Agency must give consent, and for a test and trace site in Wales, the Local Health Board for the area in which the site is located must give consent.
	New section 72B provides detail on the consultation and notifications after making an expediated order. Local authorities must carry out the necessary consultation as soon as reasonably practicable after making an expedited order. The necessary consultation means consulting with the chief officer of police, the Police and Crime Commissioner (or the equivalent in London), the owner or occupier of the land, and any representatives of the local community they consider appropriate – for example the leadership team of the school impacted. These requirements also apply to decisions to extend the period of, vary or discharge an order. In addition, the county council and any parish or community council must be informed.