Page:Public Order and Safety (Special Powers) Act 2018.pdf/37

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PUBLIC ORDER AND SAFETY (SPECIAL POWERS)
37


PART 5
OTHER COUNTER‑MEASURES

Division 1—Temporary restraining orders

Power to control individuals temporarily 29.—(1) Where the Commissioner is of the opinion—

(a) that an individual has been recently concerned in acts (whether in or outside of a target area of a special authorisation)—
(i) involving or likely to cause or provoke a breach of the peace in the target area of the special authorisation;
(ii) likely to hinder the exercise of special powers under a special authorisation in the target area of the special authorisation; or
(iii) in the preparation or instigation of acts mentioned in sub‑paragraph (i) or (ii); or
(b) that, by reason of the individual’s associations with any persons concerned in any acts mentioned in paragraph (a)(i), (ii) or (iii) or by reason of the individual’s words or conduct, the individual is likely to be concerned in such acts,

and that it is necessary to exercise temporary control over such an individual when the special authorisation is in effect, the Commissioner may make a temporary restraining order against the individual.

(2) A temporary restraining order against an individual and any variation of it—

(a) must be in writing and given to the individual concerned; and
(b) takes effect when the order or variation of it is given to that individual, except as otherwise provided in section 49.

(3) A temporary restraining order against an individual which is made when a special authorisation is in effect—