OpenLegislation

Section 167 Amendments relating to British Transport Police and Ministry of Defence PoliceI1

England, Wales and Scotland

(1)

The Public Order Act 1986 is amended in accordance with subsections (2) and (3).

(2)

In section 14A(9) (prohibiting trespassory assemblies), in the definition of “land”, after ““land”” insert “, except in subsections (4A) to (4C) of this section,”.

(3)

In section 16 (interpretation), in the definition of “public assembly”, for the words from “wholly” to the end substitute

“—

(a)

wholly or partly open to the air, or

(b)

within any of paragraphs (a) to (f) of section 31(1) of the Railways and Transport Safety Act 2003;”.

(4)

The Criminal Justice and Public Order Act 1994 is amended in accordance with subsections (5) and (6).

(5)

In section 60 (powers to stop and search in anticipation of or after violence), after subsection (9A) insert—

“(9B)

So far as they relate to an authorisation by a member of the Ministry of Defence Police—

(a)

subsections (1) and (9) have effect as if the references to a locality in a police area were references to a place in England and Wales among those specified in section 2(2) of the Ministry of Defence Police Act 1987, and

(b)

subsection (1)(aa)(i) has effect as if the reference to a police area were a reference to the places in England and Wales specified in section 2(2) of the Ministry of Defence Police Act 1987.”

(6)

In section 60AA (powers to require removal of disguises)—

(a)

for subsection (8) substitute—

“(8)

So far as subsections (1), (3) and (6) relate to an authorisation by a member of the British Transport Police Force, those subsections have effect as if the references to a locality or a locality in a police area were references to a place in England and Wales among those specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003.

(8A)

So far as subsections (1), (3) and (6) relate to an authorisation by a member of the Ministry of Defence Police, those subsections have effect as if the references to a locality or a locality in a police area were references to a place in England and Wales among those specified in section 2(2) of the Ministry of Defence Police Act 1987.”;

(b)

in subsection (9) omit “and “policed premises” each”.

Annotations

Commencement

I1

S. 167 in force at 29.6.2026, see s. 255(3)(e)