The Protection from Sex-based Harassment in Public Act 2023 (Commencement) Regulations 2026
These Regulations officially bring into force key provisions of the Protection from Sex-based Harassment in Public Act 2023 starting April 1st, 2026.
Specifically, they activate Section 1, which creates a new offence for intentional harassment, alarm, or distress motivated by sex under the Public Order Act 1986, and Section 2, which obliges the Secretary of State to issue guidance to police forces regarding this new offence, alongside Section 3 concerning consequential legal amendments.
Arguments For
Implementing new criminal provisions specifically targeting harassment, alarm, or distress caused because of a person's sex, thereby strengthening public safety and addressing sex-based misconduct.
Ensuring coordinated implementation across relevant police forces (including British Transport Police, Ministry of Defence Police, and Civil Nuclear Constabulary) through the mandated issuance of guidance by the Secretary of State.
Triggering accompanying legislative changes (consequential amendments) necessary to ensure the new offence interacts correctly with existing statutes, such as those relating to football spectating, policing powers, and elections.
Arguments Against
Potential increase in the burden on the criminal justice system, including increased workload for police forces in investigating and prosecuting potentially subjective cases relating to perceived sex-based harassment.
Concerns regarding the scope of the new offence under the Public Order Act 1986, specifically how courts will interpret 'sex, or presumed sex' in practice, potentially leading to inconsistent application.
Implementation challenges for specified police forces (such as the Civil Nuclear Constabulary) that may not frequently deal with typical public order offences, requiring new training protocols.
STATUTORY INSTRUMENTS
2026 No. 344 (C. 29)
CRIMINAL LAW PUBLIC ORDER
The Protection from Sex-based Harassment in Public Act 2023 (Commencement) Regulations 2026
This header identifies the document as a Statutory Instrument from 2026, numbered 344, with the designation (C. 29) indicating it is a commencement order.
The subject matter falls under the categories of Criminal Law and Public Order.
Made - - - -
24th March 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by section 4(3) of the Protection from Sex-based Harassment in Public Act 2023( 1 ).
The instrument was formally made by the Secretary of State on March 24th, 2026.
This action is taken using specific authority derived from Section 4(3) of the Protection from Sex-based Harassment in Public Act 2023.
Citation and interpretation
- -(1) These Regulations may be cited as the Protection from Sex-based Harassment in Public Act 2023 (Commencement) Regulations 2026.
- (2) In these Regulations, 'the 2023 Act' means the Protection from Sex-based Harassment in Public Act 2023.
Regulation 1 establishes the official short title for these commencement rules.
It also defines a key term: 'the 2023 Act' refers specifically to the Protection from Sex-based Harassment in Public Act 2023 throughout the text of these Regulations.
Commencement of provisions on 1st April 2026
- The following provisions of the 2023 Act come into force on 1st April 2026-
- (a) section 1 (intentional harassment, alarm or distress on account of sex);
- (b) section 2 (guidance);
- (c) section 3 (consequential amendments).
Regulation 2 specifies which parts of the 2023 Act take legal effect on April 1st, 2026.
These parts include Section 1, which deals with the new offence of sexual harassment causing distress, Section 2, which mandates guidance issuance, and Section 3, which addresses necessary updates to other laws.
24th March 2026
Jess Phillips Parliamentary Under-Secretary of State Home Office
This confirms the date of signing and identifies the responsible official, Jess Phillips, who was the Parliamentary Under-Secretary of State for the Home Office at the time of this instrument's creation.
EXPLANATORY NOTE
(This note is not part of the Regulations)
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).
The Explanatory Note clarifies that the purpose is to enact the main parts of the 2023 Act.
It details that Section 1 introduces a new crime, Section 4B, into the existing Public Order Act 1986; this crime applies if existing harassment (Section 4A) was motivated by the victim's sex or perceived sex.
Section 2 mandates the Secretary of State to provide official instructions to various police bodies, including specialist forces like the BTP and MoD Police, concerning this new offence.
Section 3 ensures existing legislation, such as the Football Spectators Act, Police Act, and Elections Act, is updated to align with the new provisions.
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.
Information is provided on where to find the full impact assessment detailing the financial effects of the Act on businesses, charities, and the public sector.
Contact details for obtaining a hard copy from the Home Office are also supplied.
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