Section 22D Section 22C: supplementalF1

England, Wales and Scotland

(1)

An order may be made F2 , and a notice may be issued, by virtue of section 22C only on the recommendation of the chief officer of police for the area to which the order F3or notice relates.

(F41A)

Any statutory requirement to publish a proposal for, or a notice of, the making of an order does not apply to an order made by virtue of section 22C if the chief officer of police for the area to which the order relates considers that to do so would risk undermining the purpose for which the order is made.

(2)

The following shall not apply in relation to an order made F5, or a notice issued, by virtue of section 22C—

(a)

section 3,

(b)

section 6(5),

(c)

the words in section 14(4) from “but” to the end,

(d)

section 121B, and

(e)

paragraph 13(1)(a) of Schedule 9.

C1(3)

Sections 92 and 94 shall apply in relation to an order under section 14 made F6, or a notice under that section issued, by virtue of section 22C as they apply in relation to an order under section 1 or 6.

C2(4)

An order made F7, or a notice issued, by virtue of section 22C, or an authorisation or requirement by virtue of subsection (3) above, may authorise the undertaking of works for the purpose of, or for a purpose ancillary to, another provision of the order, F8notice, authorisation or requirement.

C3(5)

An order made F9, or a notice issued, by virtue of section 22C may—

(a)

enable a constable to direct that a provision of the order F10or notice shall (to such extent as the constable may specify) be commenced, suspended or revived;

(b)

confer a discretion on a constable;

(c)

make provision conferring a power on a constable in relation to the placing of structures or signs (which may, in particular, apply a provision of this Act with or without modifications).

(F11d)

enable a constable to authorise a person of a description specified in the order or notice to do anything that the constable could do by virtue of this subsection.

Annotations

Textual amendments

F1: Ss. 22C, 22D inserted (19.1.2005) by Civil Contingencies Act 2004 (c. 36), ss. 32(1), 34, Sch. 2 Pt. 3 para. 16(2); S.I. 2004/3281, art. 2(3)(4)
F2: Words in s. 22D(1) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 15(4)(a), 27(3)
F3: Words in s. 22D(1) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 15(4)(b), 27(3)
F4: S. 22D(1A) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 15(5), 27(3)
F5: Words in s. 22D(2) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 15(6), 27(3)
F6: Words in s. 22D(3) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 15(7), 27(3)
F7: Words in s. 22D(4) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 15(8)(a), 27(3)
F8: Word in s. 22D(4) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 15(8)(b), 27(3)
F9: Words in s. 22D(5) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 15(9)(a), 27(3)
F10: Words in s. 22D(5)(a) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 15(9)(b), 27(3)
F11: S. 22D(5)(d) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 15(9)(c), 27(3)

Modifications

C1: S. 22D(3): transfer of functions (23.3.2005) by The Scotland Act 1998 (Transfer of functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 2, Sch. (with transitional provisions and savings in art. 6)
C2: S. 22D(4): transfer of functions (23.3.2005) by The Scotland Act 1998 (Transfer of functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 2, Sch. (with transitional provisions and savings in art. 6)
C3: S. 22D(5): transfer of functions (23.3.2005) by The Scotland Act 1998 (Transfer of functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 2, Sch. (with transitional provisions and savings in art. 6)