The Protection from Sex-based Harassment in Public Act 2023 (Commencement) Regulations 2026

These Regulations bring into force the provisions of the Protection from Sex-based Harassment in Public Act 2023 (c. 47) (“the 2023 Act”).

Regulation 2(a) brings into force section 1 of the 2023 Act, which inserts new section 4B (intentional harassment, alarm or distress on account of sex) into the Public Order Act 1986 (c. 64) (“the 1986 Act”). Section 4B provides that a person is guilty of an offence under that section where they commit an offence under section 4A (intentional harassment, alarm or distress) of the 1986 Act, and the conduct was carried out because of the sex, or presumed sex, of the person to whom they intended to cause harassment, alarm or distress.

Regulation 2(b) brings into force section 2 of the 2023 Act, which imposes an obligation on the Secretary of State to issue guidance to chief officers of police and the chief constables of the British Transport Police Force, the Ministry of Defence Police, and the Civil Nuclear Constabulary about the new section 4B offence (intentional harassment, alarm or distress on account of sex).

Regulation 2(c) brings into force section 3 of the 2023 Act, which makes consequential amendments to the Football Spectators Act 1989 (c. 37), the Police Act 1997 (c. 50) and the Elections Act 2022 (c. 37).

A full impact assessment of the effect that the provisions in the Protection from Sex-based Harassment in Public Act 2023 will have on the costs to businesses, the voluntary sector and the public sector is available on www.legislation.gov.uk. Copies may also be obtained from the Home Office, Interpersonal Abuse Unit, Public Safety Group, 2 Marsham Street, London SW1P 4DF.