My Lords, Clause 67 provides interpretations of the terms used in this chapter, and I shall briefly explain the definitions and the reasoning behind the key terms.
First, perhaps I may pick up on the question of “public place”, which the noble Baroness, Lady Smith, has just raised. This is defined as,
“any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission”.
It is the same definition as is used for the current designated public place order. It does not apply where a private Act gives a person or body a power in relation to a certain area of land. However, if that person or body gives written notice to the local authority, the local authority can make a public spaces protection order in relation to that area of land.
Unitary authorities fall within the definition of “local authority” as currently drafted in the Bill. I am mindful that we have looked at the various definitions of local authorities, including parish councils and
county councils, and we are looking at all these issues in more general terms. I hear what the noble Baroness says about the specific issue of unitary authorities but they fall within the definition of “local authority”.
There are a few other definitions which have not been raised in this debate, but I hope that I have reassured the noble Baroness on the two specific issues that she mentioned and that she will be minded not to press her opposition to the clause standing part. I thank my noble friend Lord Brooke for pointing out the drafting issue and we will certainly review it in advance of Report.