Public Order Act 1986

(70A) (1) This section applies to a motor vehicle which is not a public service vehicle but is adapted to carry more than 8 passengers and is being operated for the principal purpose of conveying two or more passengers for the whole or part of a journey to or from a designated sporting event. (2) Any person in possession of alcohol on a vehicle to which this section applies shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or a fine not exceeding level 3 on the standard scale or both. (3) Any person who is drunk on a vehicle to which this section applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale. (4) Any person who permits alcohol to be carried on a vehicle to which this section applies and— (a) is the driver of the vehicle, or (b) where he is not its driver, is the keeper of the vehicle, the employee or agent of the keeper, a person to whom it is made available (by hire, loan or otherwise) by the keeper or the keeper’s employee or agent, or the employee or agent of a person to whom it is so made available, shall, subject to section 71 of this Act, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

.

11

In section 71 (defences in connection with carriage of alcohol) for “or 70” there shall be substituted “, 70 or 70A(4)”.

12

In section 75 (police powers of enforcement) for “or 70” there shall be substituted “, 70 or 70A”.

13

In section 77 (interpretation of Part V)—

• (a) the following definitions shall be inserted in the appropriate places alphabetically—

• “keeper”, in relation to a vehicle, means the person having the duty to take out a licence for it under section 1(1) of the Vehicles (Excise) Act 1971;
• “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;

; and

• (b) in the definition of “public service vehicle” for the words “Part I of the Transport Act 1980” there shall be substituted the words “the Public Passenger Vehicles Act 1981”;”.

Fireworks etc.

14

• (1) After section 72 there shall be inserted the following—

(72A) (1) Any person who has entered the relevant area of a designated sports ground and is in possession of a controlled article or substance at any time during the period of a designated sporting event shall be guilty of an offence. (2) Any person who, while in possession of a controlled article or substance, attempts to enter the relevant area of a designated sports ground at any time during the period of a designated sporting event at the ground shall be guilty of an offence. (3) A person guilty of an offence under subsection (1) or (2) above shall be liable on summary conviction to imprisonment for a period not exceeding 60 days or to a fine not exceeding level 3 on the standard scale or both. (4) It shall be a defence for a person charged with an offence under subsection (1) or (2) above to show that he had lawful authority to be in possession of the controlled article or substance. (5) In subsections (1) and (2) above “controlled article or substance” means— (a) any article or substance whose main purpose is the emission of a flare for purposes of illuminating or signalling (as opposed to igniting or heating) or the emission of smoke or a visible gas; and in particular it includes distress flares, fog signals, and pellets and capsules intended to be used as fumigators or for testing pipes, but not matches, cigarette lighters or heaters; and (b) any article which is a firework.

.

• (2) In section 75 (police powers of enforcement) at the end of subparagraph (ii) of paragraph (e) there shall be inserted—

; or (iii) a controlled article or substance as defined in section 72A(5) of this Act.

.

SCHEDULE 2

Conspiracy and Protection of Property Act 1875 (c.86)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prevention of Crime Act 1953 (c.14)

2

In section 1 of the Prevention of Crime Act 1953 (offence to have offensive weapon) at the end of subsection (4) (offensive weapon includes article intended by person having it for use by him) there shall be added “or by some other person”.

Civic Government (Scotland) Act 1982 (c.45)

3

• (1) Part V of the Civic Government (Scotland) Act 1982 (public processions) shall be amended in accordance with this paragraph.

• (2) In section 62 (notification of processions)—

• (a) in subsection (1)—

• (i) after “below” there shall be inserted “(a)”; and

• (ii) at the end there shall be inserted—

“; and

• (b) to the chief constable.”

• (b) in subsection (2)—

• (i) in paragraph (a), after “council” there shall be inserted “and to the office of the chief constable”;

• (ii) in paragraph (b), for “that office” there shall be substituted “those offices”;

• (c) in subsection (4)—

• (i) after “area” there shall be inserted “(a)”; and

• (ii) after “them” there shall be inserted—

“; and

• (b) intimated to the chief constable,”; and

• (d) in subsection (12), in the definition of “public place”, for “the Public Order Act 1936” there shall be substituted “Part II of the Public Order Act 1986”.

• (3) In section 63 (functions of regional and islands councils in relation to processions)—

• (a) after subsection (1) there shall be inserted—

(1A) Where notice of a proposal to hold a procession has been given or falls to be treated as having been given in accordance with section 62(1) of this Act— (a) if a regional or islands council have made an order under subsection (1) above they may at any time thereafter, after consulting the chief constable, vary or revoke the order and, where they revoke it, make any order which they were empowered to make under that subsection; (b) if they have decided not to make an order they may at any time thereafter, after consulting the chief constable, make any order which they were empowered to make under that subsection.

;

• (b) in subsection (2) after “(1)” there shall be inserted “or (1A)”;

• (c) in subsection (3)—

• (i) in paragraph (a)(i), after “(1)” there shall be inserted or (1A) above”;

• (ii) in paragraph (a)(ii), for “such an order” there shall be substituted “an order under subsection (1) above or to revoke an order already made under subsection (1) or (1A) above”;

• (iii) at the end of paragraph (a)(ii), for “and” there shall be substituted—

(iii) where they have, under subsection (1A) above, varied such an order, a copy of the order as varied and a written statement of the reasons for the variation; and

;

• (iv) in paragraph (b), after “(1)” there shall be inserted “or (1A)”, and after “made” where third occurring there shall be inserted “and, if the order has been varied under subsection (1A) above, that it has been so varied”; and

• (v) at the end of paragraph (b) there shall be inserted—

“; and

• (c) where they have revoked an order made under subsection (1) or (1A) above in relation to a proposal to hold a procession, make such arrangements as will ensure that persons who might take or are taking part in that procession are made aware of the fact that the order has been revoked.”.

• (4) In section 64 (appeals against orders under section 63)—

• (a) in subsection (1) for the words from “against” to the end there shall be substituted—

against— (a) an order made under section 63(1) or (1A) of this Act; or (b) a variation under section 63(1A) of this Act of an order made under section 63(1) or (1A), in relation to the procession.

;

• (b) in subsection (4) after “make” there shall be inserted “or, as the case may be, to vary”; and

• (c) in subsection (7) after “order” there shall be inserted “or, as the case may be, the variation of whose order”.

• (5) In section 65 (offences and enforcement)—

• (a) in paragraphs (b) and (c) of subsection (1), after “(1)” there shall be inserted “or (1A)”; and

• (b) in paragraphs (b) and (c) of subsection (2), after “(1)” there shall be inserted “or (1A)”.

• (6) In section 66 (relationship with Public Order Act 1936)—

• (a) for “the Public Order Act 1936” there shall be substituted “Part II of the Public Order Act 1986”;

• (b) in paragraph (a), for “or order made under section 3” there shall be substituted “under section 12”, and “or that order” shall be omitted; and

• (c) in paragraph (b), “or order under the said section 3” shall be omitted.

Criminal Justice Act 1982 (c.48)

4

The following shall be inserted at the end of Part II of Schedule 1 to the Criminal Justice Act 1982 (statutory offences excluded from provisions for early release of prisoners)—

(27) Section 1 (riot). (28) Section 2 (violent disorder). (29) Section 3 (affray).”.

Cable and Broadcasting Act 1984 (c.46)

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Police and Criminal Evidence Act 1984 (c.60)

7

In section 17(1)(c) of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest for certain offences) in sub-paragraph (i) the words from “4” to “peace)” shall be omitted and after sub-paragraph (ii) there shall be inserted—

(iii) section 4 of the Public Order Act 1986 (fear or provocation of violence);

.

SCHEDULE 3

Violent disorder.

4A

• (1) A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he—

• (a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or

• (b) displays any writing, sign or other visible representation which is threatening, abusive or insulting,

thereby causing that or another person harassment, alarm or distress.

• (2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the person who is harassed, alarmed or distressed is also inside that or another dwelling.

• (3) It is a defence for the accused to prove—

• (a) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or

• (b) that his conduct was reasonable.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.

14A

• (1) If at any time the chief officer of police reasonably believes that an assembly is intended to be held in any district at a place on land to which the public has no right of access or only a limited right of access and that the assembly—

• (a) is likely to be held without the permission of the occupier of the land or to conduct itself in such a way as to exceed the limits of any permission of his or the limits of the public’s right of access, and

• (b) may result—

• (i) in serious disruption to the life of the community, or

• (ii) where the land, or a building or monument on it, is of historical, architectural, archaeological or scientific importance, in significant damage to the land, building or monument,

he may apply to the council of the district for an order prohibiting for a specified period the holding of all trespassory assemblies in the district or a part of it, as specified.

• (2) On receiving such an application, a council may—

• (a) in England and Wales, with the consent of the Secretary of State make an order either in the terms of the application or with such modifications as may be approved by the Secretary of State; or

• (b) in Scotland, make an order in the terms of the application.

• (3) Subsection (1) does not apply in the City of London or the metropolitan police district.

• (4) If at any time the Commissioner of Police for the City of London or the Commissioner of Police of the Metropolis reasonably believes that an assembly is intended to be held at a place on land to which the public has no right of access or only a limited right of access in his police area and that the assembly—

• (a) is likely to be held without the permission of the occupier of the land or to conduct itself in such a way as to exceed the limits of any permission of his or the limits of the public’s right of access, and

• (b) may result—

• (i) in serious disruption to the life of the community, or

• (ii) where the land, or a building or monument on it, is of historical, architectural, archaeological or scientific importance, in significant damage to the land, building or monument,

he may with the consent of the Secretary of State make an order prohibiting for a specified period the holding of all trespassory assemblies in the area or a part of it, as specified.

• (4A) Subsection (4D) applies if at any time the chief constable of the British Transport Police Force reasonably believes that—

• (a) an assembly is intended to be held at a place—

• (i) within section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003, and

• (ii) on land to which the public has no right of access or only a limited right of access, and

• (b) the conditions in subsections (4B) and (4C) are met.

• (4B) The condition in this subsection is that the assembly is likely—

• (a) to be held without the permission of the occupier of the land, or

• (b) to conduct itself in such a way as to exceed—

• (i) the limits of any permission of the occupier, or

• (ii) the limits of the public’s right of access.

• (4C) The condition in this subsection is that the assembly may result—

• (a) in serious disruption to the provision of railway services (within the meaning of Part 3 of the Railways and Transport Safety Act 2003),

• (b) in serious disruption to the life of the community, or

• (c) where the land, or a building or monument on it, is of historical, architectural, archaeological or scientific importance, in significant damage to the land, building or monument.

• (4D) Where this subsection applies, the chief constable of the British Transport Police Force may with the consent of the relevant national authority make an order prohibiting for a specified period the holding of all trespassory assemblies in a specified area.

• (4E) An area specified in an order under subsection (4D) must comprise only—

• (a) the place mentioned in subsection (4A)(a), or

• (b) that place together with any place—

• (i) within section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003, or

• (ii) where an assembly could affect a railway within the meaning of Part 3 of that Act or anything occurring on or in relation to such a railway.

• (4F) In subsection (4D) “the relevant national authority” means—

• (a) in relation to an area in England and Wales, the Secretary of State;

• (b) in relation to an area in Scotland, the Scottish Ministers.

• (4G) Subsection (4J) applies if at any time the chief constable of the Ministry of Defence Police reasonably believes that—

• (a) an assembly is intended to be held at a place—

• (i) to which section 2(2) of the Ministry of Defence Police Act 1987 applies, and

• (ii) on land to which the public has no right of access or only a limited right of access, and

• (b) the conditions in subsections (4H) and (4I) are met.

• (4H) The condition in this subsection is that the assembly is likely—

• (a) to be held without the permission of the occupier of the land, or

• (b) to conduct itself in such a way as to exceed—

• (i) the limits of any permission of the occupier, or

• (ii) the limits of the public’s right of access.

• (4I) The condition in this subsection is that the assembly may result—

• (a) in serious disruption to the use for a defence purpose of—

• (i) a place within section 2(2)(a) to (c) of the Ministry of Defence Police Act 1987,

• (ii) a place within section 4(1) of the Atomic Weapons Establishment Act 1991, or

• (iii) in relation to a time after the coming into force of section 5 of the Defence Reform Act 2014, a place within subsection (1) of that section,

• (b) in serious disruption to the life of the community, or

• (c) where the land, or a building or monument on it, is of historical, architectural, archaeological or scientific importance, in significant damage to the land, building or monument.

• (4J) Where this subsection applies, the chief constable of the Ministry of Defence Police may with the consent of the Secretary of State make an order prohibiting for a specified period the holding of all trespassory assemblies in a specified area.

• (4K) An area specified in an order under subsection (4J) which is not made in reliance on subsection (4I)(a) must comprise only one or more places to which section 2(2) of the Ministry of Defence Police Act 1987 applies.

• (5) An order prohibiting the holding of trespassory assemblies operates to prohibit any assembly which—

• (a) is held on land to which the public has no right of access or only a limited right of access, and

• (b) takes place in the prohibited circumstances, that is to say, without the permission of the occupier of the land or so as to exceed the limits of any permission of his or the limits of the public’s right of access.

• (6) No order under this section shall prohibit the holding of assemblies for a period exceeding 4 days or in an area exceeding an area represented by a circle with a radius of 5 miles from a specified centre.

• (7) An order made under this section may be revoked or varied by a subsequent order made in the same way, that is, in accordance with subsection (1) and (2) , subsection (4), subsection (4D) or subsection (4J), as the case may be.

• (8) Any order under this section shall, if not made in writing, be recorded in writing as soon as practicable after being made.

• (9) In this section and sections 14B and 14C—

• “assembly” means an assembly of 20 or more persons;

• “land” means land in the open air;

• “limited”, in relation to a right of access by the public to land, means that their use of it is restricted to use for a particular purpose (as in the case of a highway or road) or is subject to other restrictions;

• “occupier” means—in England and Wales, the person entitled to possession of the land by virtue of an estate or interest held by him; orin Scotland, the person lawfully entitled to natural possession of the land,and in subsections (1) , (4), (4B) and (4H) includes the person reasonably believed by the authority applying for or making the order to be the occupier;

• “public” includes a section of the public; and

• “specified” means specified in an order under this section.

• (9A) In relation to Scotland, the references in this section to the public’s rights (or limited right) of access do not include any right which the public or any member of the public may have by way of access rights within the meaning of the Land Reform (Scotland) Act 2003 (asp 2).

• (10) In relation to Scotland, the references in subsection (1) above to a district and to the council of the district shall be construed—

• (a) as respects applications before 1st April 1996, as references to the area of a regional or islands authority and to the authority in question; and

• (b) as respects applications on and after that date, as references to a local government area and to the council for that area.

• (11) In relation to Wales, the references in subsection (1) above to a district and to the council of the district shall be construed, as respects applications on and after 1st April 1996, as references to a county or county borough and to the council for that county or county borough.

14B

• (1) A person who organises an assembly the holding of which he knows is prohibited by an order under section 14A is guilty of an offence.

• (2) A person who takes part in an assembly which he knows is prohibited by an order under section 14A is guilty of an offence.

• (3) In England and Wales, a person who incites another to commit an offence under subsection (2) is guilty of an offence.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.

• (6) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (7) A person guilty of an offence under subsection (3) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both . . . .

• (8) Subsection (3) above is without prejudice to the application of any principle of Scots Law as respects art and part guilt to such incitement as is mentioned in that subsection.

14C

• (1) If a constable in uniform reasonably believes that a person is on his way to an assembly within the area to which an order under section 14A applies which the constable reasonably believes is likely to be an assembly which is prohibited by that order, he may, subject to subsection (2) below—

• (a) stop that person, and

• (b) direct him not to proceed in the direction of the assembly.

• (2) The power conferred by subsection (1) may only be exercised within the area to which the order applies.

• (3) A person who fails to comply with a direction under subsection (1) which he knows has been given to him is guilty of an offence.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Part 3A — Hatred against persons on religious grounds or grounds of sexual orientation

Meaning of “religious hatred” and “hatred on the grounds of sexual orientation”

Meaning of “religious hatred”

29A

In this Part “religious hatred” means hatred against a group of persons defined by reference to religious belief or lack of religious belief.

29AB

In this Part “hatred on the grounds of sexual orientation” means hatred against a group of persons defined by reference to sexual orientation (whether towards persons of the same sex, the opposite sex or both).

Acts intended to stir up religious hatred or hatred on the grounds of sexual orientation

29B

• (1) A person who uses threatening words or behaviour, or displays any written material which is threatening, is guilty of an offence if he intends thereby to stir up religious hatred or hatred on the grounds of sexual orientation.

• (2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the written material is displayed, by a person inside a dwelling and are not heard or seen except by other persons in that or another dwelling.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In proceedings for an offence under this section it is a defence for the accused to prove that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the written material displayed, would be heard or seen by a person outside that or any other dwelling.

• (5) This section does not apply to words or behaviour used, or written material displayed, solely for the purpose of being included in a programme service.

29C

• (1) A person who publishes or distributes written material which is threatening is guilty of an offence if he intends thereby to stir up religious hatred or hatred on the grounds of sexual orientation.

• (2) References in this Part to the publication or distribution of written material are to its publication or distribution to the public or a section of the public.

29D

• (1) If a public performance of a play is given which involves the use of threatening words or behaviour, any person who presents or directs the performance is guilty of an offence if he intends thereby to stir up religious hatred or hatred on the grounds of sexual orientation.

• (2) This section does not apply to a performance given solely or primarily for one or more of the following purposes—

• (a) rehearsal,

• (b) making a recording of the performance, or

• (c) enabling the performance to be included in a programme service;

but if it is proved that the performance was attended by persons other than those directly connected with the giving of the performance or the doing in relation to it of the things mentioned in paragraph (b) or (c), the performance shall, unless the contrary is shown, be taken not to have been given solely or primarily for the purpose mentioned above.

• (3) For the purposes of this section—

• (a) a person shall not be treated as presenting a performance of a play by reason only of his taking part in it as a performer,

• (b) a person taking part as a performer in a performance directed by another shall be treated as a person who directed the performance if without reasonable excuse he performs otherwise than in accordance with that person's direction, and

• (c) a person shall be taken to have directed a performance of a play given under his direction notwithstanding that he was not present during the performance;

and a person shall not be treated as aiding or abetting the commission of an offence under this section by reason only of his taking part in a performance as a performer.

• (4) In this section “play” and “public performance” have the same meaning as in the Theatres Act 1968.

• (5) The following provisions of the Theatres Act 1968 apply in relation to an offence under this section as they apply to an offence under section 2 of that Act—

• section 9 (script as evidence of what was performed),

• section 10 (power to make copies of script),

• section 15 (powers of entry and inspection).

29E

• (1) A person who distributes, or shows or plays, a recording of visual images or sounds which are threatening is guilty of an offence if he intends thereby to stir up religious hatred or hatred on the grounds of sexual orientation.

• (2) In this Part “recording” means any record from which visual images or sounds may, by any means, be reproduced; and references to the distribution, showing or playing of a recording are to its distribution, showing or playing to the public or a section of the public.

• (3) This section does not apply to the showing or playing of a recording solely for the purpose of enabling the recording to be included in a programme service.

29F

• (1) If a programme involving threatening visual images or sounds is included in a programme service, each of the persons mentioned in subsection (2) is guilty of an offence if he intends thereby to stir up religious hatred or hatred on the grounds of sexual orientation.

• (2) The persons are—

• (a) the person providing the programme service,

• (b) any person by whom the programme is produced or directed, and

• (c) any person by whom offending words or behaviour are used.

Inflammatory material

29G

• (1) A person who has in his possession written material which is threatening, or a recording of visual images or sounds which are threatening, with a view to—

• (a) in the case of written material, its being displayed, published, distributed, or included in a programme service whether by himself or another, or

• (b) in the case of a recording, its being distributed, shown, played, or included in a programme service, whether by himself or another,

is guilty of an offence if he intends thereby to stir up religious hatred or hatred on the grounds of sexual orientation.

• (2) For this purpose regard shall be had to such display, publication, distribution, showing, playing, or inclusion in a programme service as he has, or it may reasonably be inferred that he has, in view.

29H

• (1) If . . . a justice of the peace is satisfied by information on oath laid by a constable that there are reasonable grounds for suspecting that a person has possession of written material or a recording in contravention of section 29G, the justice may issue a warrant under his hand authorising any constable to enter and search the premises where it is suspected the material or recording is situated.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) A constable entering or searching premises in pursuance of a warrant issued under this section may use reasonable force if necessary.

• (4) In this section “premises” means any place and, in particular, includes—

• (a) any vehicle, vessel, aircraft or hovercraft,

• (b) any offshore installation as defined in section 12 of the Mineral Workings (Offshore Installations) Act 1971, and

• (c) any tent or movable structure.

29I

• (1) A court by or before which a person is convicted of—

• (a) an offence under section 29B relating to the display of written material, or

• (b) an offence under section 29C, 29E or 29G,

shall order to be forfeited any written material or recording produced to the court and shown to its satisfaction to be written material or a recording to which the offence relates.

• (2) An order made under this section shall not take effect—

• (a) . . . until the expiry of the ordinary time within which an appeal may be instituted or, where an appeal is duly instituted, until it is finally decided or abandoned;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) For the purposes of subsection (2)(a)—

• (a) an application for a case stated or for leave to appeal shall be treated as the institution of an appeal, and

• (b) where a decision on appeal is subject to a further appeal, the appeal is not finally determined until the expiry of the ordinary time within which a further appeal may be instituted or, where a further appeal is duly instituted, until the further appeal is finally decided or abandoned.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29J

Nothing in this Part shall be read or given effect in a way which prohibits or restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or the beliefs or practices of their adherents, or of any other belief system or the beliefs or practices of its adherents, or proselytising or urging adherents of a different religion or belief system to cease practising their religion or belief system.

29JA

• (1) In this Part, for the avoidance of doubt, the discussion or criticism of sexual conduct or practices or the urging of persons to refrain from or modify such conduct or practices shall not be taken of itself to be threatening or intended to stir up hatred.

• (2) In this Part, for the avoidance of doubt, any discussion or criticism of marriage which concerns the sex of the parties to marriage shall not be taken of itself to be threatening or intended to stir up hatred.

Supplementary provisions

29K

• (1) Nothing in this Part applies to a fair and accurate report of proceedings in Parliament , in the Scottish Parliament or in the National Assembly for Wales.

• (2) Nothing in this Part applies to a fair and accurate report of proceedings publicly heard before a court or tribunal exercising judicial authority where the report is published contemporaneously with the proceedings or, if it is not reasonably practicable or would be unlawful to publish a report of them contemporaneously, as soon as publication is reasonably practicable and lawful.

29L

• (1) No proceedings for an offence under this Part may be instituted ... except by or with the consent of the Attorney General.

• (2) For the purposes of the rules ... against charging more than one offence in the same count or information, each of sections 29B to 29G creates one offence.

• (3) A person guilty of an offence under this Part is liable—

• (a) on conviction on indictment to imprisonment for a term not exceeding seven years or a fine or both;

• (b) on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both.

• (4) In subsection (3)(b) the reference to 12 months shall be read as a reference to 6 months in relation to an offence committed before 2 May 2022.

29M

• (1) Where a body corporate is guilty of an offence under this Part and it is shown that the offence was committed with the consent or connivance of a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as it applies to a director.

29N

In this Part—

• “distribute”, and related expressions, shall be construed in accordance with section 29C(2) (written material) and section 29E(2) (recordings);

• “dwelling” means any structure or part of a structure occupied as a person's home or other living accommodation (whether the occupation is separate or shared with others) but does not include any part not so occupied, and for this purpose “structure” includes a tent, caravan, vehicle, vessel or other temporary or movable structure;

• “hatred on the grounds of sexual orientation” has the meaning given by section 29AB;

• “programme” means any item which is included in a programme service;

• “programme service” has the same meaning as in the Broadcasting Act 1990;

• “publish”, and related expressions, in relation to written material, shall be construed in accordance with section 29C(2);

• “religious hatred” has the meaning given by section 29A;

• “recording” has the meaning given by section 29E(2), and “play” and “show”, and related expressions, in relation to a recording, shall be construed in accordance with that provision;

• “written material” includes any sign or other visible representation.

Meaning of “religious hatred”

Editorial notes