Protection from Sex-based Harassment in Public Act 2023

s.1

Intentional harassment, alarm or distress on account of sex

After section 4A of the Public Order Act 1986 insert—

s.2

Guidance

s.2(1)

The Secretary of State must issue guidance to— about the offence in section 4B of the Public Order Act 1986 (intentional harassment, alarm or distress on account of sex).

s.2(1)(a)

chief officers of police,

s.2(1)(b)

the chief constable of the British Transport Police Force,

s.2(1)(c)

the chief constable of the Ministry of Defence Police, and

s.2(1)(d)

the chief constable of the Civil Nuclear Constabulary,

s.2(2)

The guidance must in particular include guidance about the reasonable conduct defence in section 4A(3)(b) of that Act.

s.2(3)

The Secretary of State may revise guidance issued under this section.

s.2(4)

The Secretary of State must arrange for guidance issued under this section to be published.

s.2(5)

A chief officer of police or a chief constable mentioned in subsection (1) must have regard to guidance issued under this section.

s.3

Consequential amendments

s.3(1)

In paragraph 1 of Schedule 1 to the Football Spectators Act 1989 (relevant offences for the purposes of Part 2), in each of paragraphs (c), (k) and (q), after “4A” insert “, 4B”.

s.3(2)

In Schedule 8B to the Police Act 1997 (offences which are to be disclosed subject to rules), in paragraph 102, after paragraph (e) insert—

s.3(3)

In Schedule 9 to the Elections Act 2022 (offences for the purposes of Part 5), in paragraph 35, after paragraph (e) insert—

s.4

Extent, commencement and short title

s.4(1)

This Act extends to England and Wales only, subject to subsection (2).

s.4(2)

An amendment made by section 3 has the same extent as the provision amended.

s.4(3)

Sections 1, 2 and 3 come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

s.4(4)

Different days may be appointed for different purposes.

s.4(5)

This section comes into force on the day on which this Act is passed.

s.4(6)

This Act may be cited as the Protection from Sex-based Harassment in Public Act 2023.