Moved by
Lord Brooke of Sutton Mandeville
56ZBC: After Clause 64, insert the following new Clause—
“Orders made by statutory custodians
(1) The Secretary of State may by order designate a person as a statutory custodian for the purposes of this section in respect of any land which that person is empowered to regulate under any enactment.
(2) Where an order is in force under subsection (1), the provisions of this Chapter (other than this section) apply as if the statutory custodian were the local authority for the area comprising the land in respect of which it is designated.
(3) Subsection (2)—
(a) does not affect the ability of a local authority to exercise within its area any of the functions conferred by this Chapter, and
(b) is subject to the following provisions of this section.
(4) A statutory custodian may not make a public spaces protection order imposing any prohibition or requirement which it would not have been able to impose (in whatever form) by means of a byelaw made under any enactment.
(5) Before making, varying or discharging a public spaces protection order, or extending the period for which such an order has effect, a statutory custodian must consult (in addition to any other person who must be consulted by virtue of any provision of this Chapter) the local authority for the area that includes the restricted area.
(6) Where a local authority makes a public spaces protection order—
(a) any public spaces protection order made by a statutory custodian shall cease to have effect, and
(b) a statutory custodian may not make a public spaces protection order,
to the extent that such an order regulates an activity which is regulated by the public spaces protection order made by the local authority.
(7) In subsection (6) “regulate” means—
(a) prohibit by virtue of section 55(4)(a), or
(b) subject to requirements by virtue of section 55(4)(b),
whether or not for all persons at all times.
(8) A notice given by a person under section 67(2) does not have effect in relation to the making of any public spaces protection order by that person as a statutory custodian.”