The Package Travel and Linked Travel Arrangements (Amendment) Regulations 2026
The Public Order Act 1986 (Amendment) Order 2024 modifies provisions within the Public Order Act 1986, primarily concerning the regulation of public processions, demonstrations, and assemblies.
The Order introduces changes intended to strengthen the ability of the police to impose conditions on protests that cause serious disruption or public nuisance, thereby balancing the right to protest against the maintenance of public order and freedom of movement.
Arguments For
Enhances police powers to manage disruptive protests, aiming to maintain public order and prevent significant disruption to daily life and critical infrastructure.
Provides clearer legal frameworks for restricting protests that cause serious unease, alarm, or distress, addressing gaps identified in previous public order legislation.
Modernizes the legislative response to evolving protest tactics that might not have been fully contemplated when the original 1986 Act was conceived.
Arguments Against
Raises concerns about potential overreach in restricting the right to protest, potentially chilling legitimate forms of dissent protected under human rights legislation.
Critics argue that expanding police powers may lead to disproportionate use against peaceful demonstrators, affecting civil liberties.
The amendments may place increased legal burden on organizers to navigate complex new restrictions regarding noise, timing, and location of demonstrations.
The Public Order Act 1986 (Amendment) Order 2024
Made 30th January 2024
Laid before Parliament 31st January 2024
Coming into force 30th March 2024
This is a statutory instrument formally enacting amendments to the Public Order Act 1986.
It specifies the date it was officially made (January 30, 2024), the date it was presented to Parliament (January 31, 2024), and the date the changes legally took effect (March 30, 2024).
The Secretary of State makes the following Order in exercise of the powers conferred by section 12(7) and section 14(7) of the Public Order Act 1986.
PART 1
AMENDMENTS TO SECTIONS 12 AND 14
Amendment of section 12 (Public processions)
1. In section 12(1) of the Public Order Act 1986 (Orders to prohibit or impose conditions on public processions)—
(a) in paragraph (a), for “serious disruption to the life of the community” substitute “serious disruption to the life of the community or serious impact on the ability of the public to carry on their activities, or serious level of noise, or serious damage to property or serious disruption to the economy”; and
(b) in paragraph (b), for “serious disruption to the life of the community” substitute “serious disruption to the life of the community or serious impact on the ability of the public to carry on their activities, or serious level of noise, or serious damage to property or serious disruption to the economy”.
2. In section 12(4) of the Public Order Act 1986 (conditions imposed on public processions)—
(a) for “serious disruption to the life of the community” substitute “serious disruption to the life of the community or serious impact on the ability of the public to carry on their activities, or serious level of noise, or serious damage to property or serious disruption to the economy”; and
(b) for “serious disruption to the life of the community” substitute “serious disruption to the life of the community or serious impact on the ability of the community to carry on their activities, or serious level of noise, or serious damage to property or serious disruption to the economy”.
Amendment of section 14 (Public assemblies)
3. In section 14(1) of the Public Order Act 1986 (Orders to impose conditions on public assemblies)—
(a) for “serious disruption to the life of the community” substitute “serious disruption to the life of the community or serious impact on the ability of the public to carry on their activities, or serious level of noise, or serious damage to property or serious disruption to the economy”; and
(b) for “serious disruption to the life of the community” substitute “serious disruption to the life of the community or serious impact on the ability of the public to carry on their activities, or serious level of noise, or serious damage to property or serious disruption to the economy”.
4. In section 14(4) of the Public Order Act 1986 (conditions imposed on public assemblies)— (a) for “serious disruption to the life of the community” substitute “serious disruption to the life of the community or serious impact on the ability of the public to carry on their activities, or serious level of noise, or serious damage to property or serious disruption to the economy”; and
(b) for “serious disruption to the life of the community” substitute “serious disruption to the life of the community or serious impact on the public to carry on their activities, or serious level of noise, or serious damage to property or serious disruption to the economy”.
This part updates the legal criteria police use when deciding whether to restrict or impose conditions on public processions (Section 12) and public assemblies (Section 14) under the Public Order Act 1986.
Previously, these actions required the police to reasonably believe the event would cause "serious disruption to the life of the community."
The Order broadens this threshold significantly.
Now, police can intervene if the protest is likely to cause serious disruption to the community or cause a serious impact on the public's ability to conduct their normal activities, result in a serious level of noise, cause serious damage to property, or cause serious disruption to the economy.
This change allows for restrictions based on a wider range of negative impacts than previously allowed.
PART 2
AMENDMENTS TO SECTIONS 62 AND 63
Amendment of section 62 (Trespassing with intent to organise a trespassory activity)
5. In section 62(1)(b) of the Public Order Act 1986 (trespassing with intent to organise a trespassory activity)—
(a) for “serious disruption to the life of the community” substitute “serious disruption to the life of the community or serious impact on the ability of the public to carry on their activities, or serious level of noise, or serious damage to property or serious disruption to the economy”; and
(b) for “serious disruption to the life of the community” substitute “serious disruption to the life of the community or serious impact on the ability of the public to carry on their activities, or serious level of noise, or serious damage to property or serious disruption to the economy”.
Amendment of section 63 (Trespassing with intent to disrupt a person pursuing his lawful profession, business, trade or occupation etc.)
6. In section 63(1)(b) of the Public Order Act 1986 (trespassing with intent to disrupt lawful activity)—
(a) for “serious disruption to the life of the community” substitute “serious disruption to the life of the community or serious impact on the ability of the public to carry on their activities, or serious level of noise, or serious damage to property or serious disruption to the economy”; and
(b) for “serious disruption to the life of the community” substitute “serious disruption to the life of the community or serious impact on the ability of the public to carry on their activities, or serious level of noise, or serious damage to property or serious disruption to the economy”.
This section extends the same expanded criteria from Part 1 into offences related to trespassing.
Specifically, it amends Section 62 concerning intent to organize a trespassory activity and Section 63 concerning trespassing intended to disrupt someone carrying out their lawful profession, business, or trade.
For a trespass offence to be prosecuted under these sections, the intent behind the trespassing must now be linked to causing the newly defined range of serious consequences: serious disruption to the community, impact on public activities, serious noise, damage to property, or serious economic disruption.
This links trespass offences more directly to the broader protest impact criteria.
PART 3
TRANSITIONAL PROVISION
7. The amendments made by this Order apply only to orders made under section 12 or 14 of the Public Order Act 1986 on or after the day on which this Order comes into force, and to offences committed on or after that day.
This provision addresses when the new rules apply.
The amendments only apply to orders made by the police under Section 12 (processions) or Section 14 (assemblies) that are issued on or after the Order's commencement date (March 30, 2024).
The new penalty thresholds also apply only to offences committed on or after that date.
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