Legalize / United Kingdom / Public General Act

Public Processions (Northern Ireland) Act 1998

Type Public General Act

Publication 1998-02-16

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

The Commission

1

(1) There shall be established a body to be known as the Parades Commission for Northern Ireland (in this Act referred to as “the Commission”).

(2) Schedule 1 has effect in relation to the Commission.

Functions of the Commission

2

(1) It shall be the duty of the Commission—

(a) to promote greater understanding by the general public of issues concerning public processions;

(b) to promote and facilitate mediation as a means of resolving disputes concerning public processions;

(d) to keep under review, and make such recommendations as it thinks fit to the Secretary of State concerning, the operation of this Act.

(2) The Commission may in accordance with the following provisions of this Act—

(a) facilitate mediation between parties to particular disputes concerning proposed public processions and take such other steps as appear to the Commission to be appropriate for resolving such disputes;

(b) issue determinations in respect of particular proposed public processions and protest meetings.

(3) For the purposes of its functions under this section, the Commission may, with the approval of the Secretary of State—

(a) provide financial or other assistance to any person or body on such terms and conditions as the Commission may determine;

(b) commission research.

Code of Conduct

3

(1) The Commission shall issue a code (in this Act referred to as “the Code of Conduct”)—

(a) providing guidance to persons organising a public procession or protest meeting; and

(b) regulating the conduct of persons—

(i) organising, taking part in or supporting a public procession; or

(ii) organising or taking part in a protest meeting.

(2) The Commission—

(a) shall keep the Code of Conduct under review; and

(b) may from time to time revise the whole or any part of the Code of Conduct and issue the revised Code of Conduct.

(3) Schedule 2 has effect in relation to the Code of Conduct.

Procedural rules

4

(1) The Commission shall issue a set of rules (in this Act referred to as “the procedural rules”) for the purpose of regulating and prescribing the practice and procedure to be followed—

(a) by the Commission in exercising the functions mentioned in section 2(2); and

(b) by other persons or bodies in their dealings with the Commission in connection with the exercise of those functions.

(2) In particular (but without prejudice to the generality of subsection (1)) the procedural rules may—

(a) provide for the determination by the Commission of the particular cases in relation to which the functions mentioned in section 2(2) are to be exercised;

(b) prescribe the manner in which, and the time within which, specified actions may or must be taken (whether by the Commission or by other persons or bodies) for the purposes of the exercise by the Commission of those functions;

(c) require notice of specified determinations of the Commission made in the exercise of those functions to be published in such form and manner as may be specified.

(3) In subsection (2) “specified” means specified in the procedural rules.

(4) The Commission—

(a) shall keep the procedural rules under review; and

(b) may from time to time revise the whole or any part of the procedural rules and issue the revised procedural rules.

(5) Schedule 2 has effect in relation to the procedural rules.

Guidelines

5

(1) The Commission shall issue a set of guidelines (in this Act referred to as “the guidelines”) as to the exercise by the Commission of its functions under sections 8 and 9A.

(2) The Commission—

(a) shall keep the guidelines under review; and

(b) may from time to time revise the whole or any part of the guidelines and issue the revised guidelines.

(3) Schedule 2 has effect in relation to the guidelines.

Advance notice of public processions and related protest meetings

Advance notice of public processions

6

(1) A person proposing to organise a public procession shall give notice of that proposal in accordance with subsections (1A) to (4A) ....

(1A) Notice under this section shall be—

(a) left with a member of the Police Service of Northern Ireland not below the rank of sergeant at the police station nearest to the proposed starting place of the procession; or

(b) sent to the Police Service of Northern Ireland by permitted electronic means (see section 7A).

(2) Notice under this section shall be given—

(a) not less than 28 days before the date on which the procession is to be held; or

(b) if that is not reasonably practicable, as soon as it is reasonably practicable to give such notice.

(3) Notice under this section shall—

(a) be given in writing in such form as may be prescribed by regulations made by the Secretary of State; and

(b) be signed by the person giving the notice.

(4) The form prescribed under subsection (3)(a) shall require a person giving notice under this section to specify—

(a) the date and time when the procession is to be held;

(b) its route;

(d) the names of any bands which are to take part in it;

(e) the arrangements for its control being made by the person proposing to organise it;

(f) the name and address of that person;

(g) where the notice is given as mentioned in paragraph (b) of subsection (2), the reason why it was not reasonably practicable to give notice in accordance with paragraph (a) of that subsection; and

(h) such other matters as appear to the Secretary of State to be necessary for, or appropriate for facilitating, the exercise by the Commission, the Secretary of State or members of the Royal Ulster Constabulary of any function in relation to the procession.

(4A) Where notice is sent by permitted electronic means, the signature required by subsection (3)(b) is a permitted electronic signature (see section 7A).

(5) This section does not apply where the procession is—

(a) a funeral procession; or

(b) a procession of a class or description specified in an order made by the Secretary of State.

(6) The Chief Constable shall ensure that a copy of a notice given under this section is immediately sent to the Commission.

(7) A person who organises or takes part in a public procession—

(a) in respect of which the requirements of this section as to notice have not been satisfied; or

(b) which is held on a date, at a time or along a route which differs from the date, time or route specified in relation to it in the notice given under this section,

shall be guilty of an offence.

(8) In proceedings for an offence under subsection (7) it is a defence for the accused to prove that he did not know of, and neither suspected nor had reason to suspect, the failure to satisfy the requirements of this section or (as the case may be) the difference of date, time or route.

(9) To the extent that an alleged offence under subsection (7) turns on a difference of date, time or route it is a defence for the accused to prove that the difference arose from—

(a) circumstances beyond his control;

(b) something done in compliance with conditions imposed under section 8; or

(c) something done with the agreement of a member of the Royal Ulster Constabulary not below the rank of inspector or by his direction.

(10) A person guilty of an offence under subsection (7) shall be liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.

Advance notice of protest meetings related to public processions

7

(1) Where notice has been given under section 6 in relation to a public procession, a person proposing to organise a related protest meeting shall give notice of that proposal in accordance with subsections (1A) to (4A) ....

(1A) Notice under this section shall be—

(a) left with a member of the Police Service of Northern Ireland not below the rank of sergeant at the police station nearest to the place at which the meeting is to be held; or

(b) sent to the Police Service of Northern Ireland by permitted electronic means (see section 7A).

(2) Notice under this section shall be given—

(a) not later than 14 days before the date on which the meeting is to be held; or

(b) if that is not reasonably practicable, as soon as it is reasonably practicable to give such notice.

(3) Notice under this section shall—

(a) be given in writing in such form as may be prescribed by regulations made by the Secretary of State; and

(b) be signed by the person giving the notice.

(4) The form prescribed under subsection (3)(a) shall require a person giving notice under this section to specify—

(a) the date and time when the meeting is to be held;

(b) the place at which it is to be held;

(d) the arrangements for its control being made by the person proposing to organise it;

(e) the name and address of that person;

(f) where the notice is given as mentioned in paragraph (b) of subsection (2), the reason why it was not reasonably practicable to give notice in accordance with paragraph (a) of that subsection; and

(g) such other matters as appear to the Secretary of State to be necessary for, or appropriate for facilitating, the exercise by the Secretary of State or members of the Royal Ulster Constabulary of any function in relation to the meeting.

(4A) Where notice is sent by permitted electronic means, the signature required by subsection (3)(b) is a permitted electronic signature (see section 7A).

(5) The Chief Constable shall ensure that a copy of a notice given under this section is immediately sent to the Commission.

(6) A person who organises or takes part in a protest meeting—

(a) in respect of which the requirements of this section as to notice have not been satisfied; or

(b) which is held on a date or at a time or place which differs from the date, time or place specified in relation to it in the notice given under this section,

shall be guilty of an offence.

(7) In proceedings for an offence under subsection (6) it is a defence for the accused to prove that he did not know of, and neither suspected nor had reason to suspect, the failure to satisfy the requirements of this section or (as the case may be) the difference of date, time or place.

(8) To the extent that an alleged offence under subsection (6) turns on a difference of date, time or place it is a defence for the accused to prove that the difference arose from—

(a) circumstances beyond his control;

(b) something done in compliance with conditions imposed under section 9A; or

(c) something done with the agreement of a member of the Royal Ulster Constabulary not below the rank of inspector or by his direction.

(9) A person guilty of an offence under subsection (6) shall be liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.

The Commission’s powers to impose conditions on public processions

8

(1) The Commission may issue a determination in respect of a proposed public procession imposing on the persons organising or taking part in it or on any persons supporting it such conditions as the Commission considers necessary.

(2) Without prejudice to the generality of subsection (1), the conditions imposed under that subsection may include conditions as to the route of the procession or prohibiting it from entering any place.

(3) Conditions imposed under subsection (1) may incorporate or be framed by reference to—

(a) the Code of Conduct; or

(b) any other document—

(i) prepared by the person or body organising the procession in question; and

(ii) approved by the Commission for the purposes of this section.

(4) The Commission may, in accordance with the procedural rules, amend or revoke any determination issued under this section.

(5) In considering in any particular case—

(a) whether to issue a determination under this section;

(b) whether to amend or revoke a determination issued under this section; or

the Commission shall have regard to the guidelines.

(6) The guidelines shall in particular (but without prejudice to the generality of section 5(1)) provide for the Commission to have regard to—

(a) any public disorder or damage to property which may result from the procession;

(b) any disruption to the life of the community which the procession may cause;

(d) any failure of a person of a description specified in the guidelines to comply with the Code of Conduct (whether in relation to the procession in question or any related protest meeting or in relation to any previous procession or protest meeting); and

(e) the desirability of allowing a procession customarily held along a particular route to be held along that route.

(7) A person who knowingly fails to comply with a condition imposed under this section shall be guilty of an offence, but it is a defence for him to prove that the failure arose—

(a) from circumstances beyond his control; or

(b) from something done by direction of a member of the Royal Ulster Constabulary not below the rank of inspector.

(8) A person who incites another to commit an offence under subsection (7) shall be guilty of an offence.

(9) A person guilty of an offence under subsection (7) or (8) shall be liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.

Review by Secretary of State of determination of Commission under section 8

9

(1) The Secretary of State shall, on an application made by the Chief Constable, review a determination issued by the Commission under section 8.

(2) On a review of a determination under this section the Secretary of State may—

(a) revoke the determination;

(b) amend the determination by amending or revoking any condition imposed by the determination or by adding any new condition; or

(3) In considering in any particular case—

(a) whether to revoke, amend or confirm a determination; or

(b) what amendments should be made to a determination,

the Secretary of State shall have regard to the guidelines.

(4) Wherever practicable the Secretary of State shall before revoking, amending or confirming a determination under this section consult the Commission; but nothing in this subsection shall affect the validity of any revocation, amendment or confirmation under this section.

(5) A determination of the Commission which is amended by the Secretary of State under this section shall be treated for the purposes of this Act (except section 8(4)) as if it had been issued by the Commission as so amended.

(6) Where a determination of the Commission in relation to a public procession has been revoked by the Secretary of State under this section, the Commission shall not issue any further determination under section 8 in relation to that procession.

(7) The Secretary of State shall immediately notify the Commission where any determination of the Commission is revoked, amended or confirmed under this section.

Saving for powers of a constable

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Nothing in sections 8 to 9B or in any determination of the Commission affects the common law powers of a constable to take action to deal with or prevent a breach of the peace.

Secretary of State’s powers to prohibit public processions

11

(1) If, in the case of any proposed public procession, the Secretary of State is of the opinion that, having regard to—

(a) any serious public disorder or serious damage to property which may result from the procession;

(b) any serious disruption to the life of the community which the procession may cause;

(d) any undue demands which the procession may cause to be made on the police or military forces,

it is necessary in the public interest to do so, he may by order prohibit the holding of that procession.

(2) If, in relation to any area and any period of time not exceeding 28 days, the Secretary of State is of the opinion that, having regard to—

(a) any serious public disorder or serious damage to property which may result from public processions of a particular class or description in that area in that period;

(b) any serious disruption to the life of the community which such processions may cause;

(d) any undue demands which such processions may cause to be made on the police or military forces; and

(e) the extent of the powers exercisable under subsection (1),

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