The Public Processions (Amendment) (Northern Ireland) Order 2005 No. 857 (N.I. 2)

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STATUTORY INSTRUMENTS

2005 No. 857 (N.I. 2)
NORTHERN IRELAND
The Public Processions (Amendment) (Northern Ireland) Order 2005

	Made	22nd March 2005
	Coming into operation in accordance with Article 1(2)

ARRANGEMENT OF ORDER
Introductory

1.	Title and commencement

2.	Interpretation

Public processions

3.	Powers to impose conditions on supporters of public procession

Protest meetings

4.	Powers to impose conditions on protest meetings

5.	Powers to prohibit protest meetings

6.	Breaking up protest meeting

Supplementary

7.	Procedure for first revision of Code of Conduct, procedural rules and guidelines

At the Court at Buckingham Palace, the 22nd day of March 2005
Present,
The Queen's Most Excellent Majesty in Council
Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:

     Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c.1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-

Introductory
Title and commencement
     1. - (1) This Order may be cited as the Public Processions (Amendment) (Northern Ireland) Order 2005.

    (2) This Order comes into operation on the day after that on which it is made; but nothing in this Order applies in relation to any public procession or protest meeting held, or proposed to be held, before 14th May 2005.

Interpretation
     2. - (1) The Interpretation Act (Northern Ireland) 1954 (c.33) applies to this Order as it applies to an Act of the Assembly.

    (2) In this Order "the principal Act" means the Public Processions (Northern Ireland) Act 1998 (c.2).

    (3) This Order shall be construed as one with the principal Act.

Public processions
Powers to impose conditions on supporters of public procession
     3. - (1) In section 8(1) of the principal Act (power of Commission to impose conditions on persons organising or taking part in a public procession) after "taking part in it" insert "or on any persons supporting it".

    (2) In section 3(1) of that Act (code of conduct to regulate conduct of persons organising or taking part in a public procession or protest meeting) for paragraph (b) substitute -

(3) In section 6(4)(c) of that Act (which requires notice of a public procession to specify the number of persons likely to take part in it) after "take part in" insert "or support".

(4) In section 17 of that Act (interpretation) after subsection (2) insert -

(2B) For the purposes of subsection (2A) a person shall not be regarded as ceasing to be in close proximity to persons taking part in a public procession where he temporarily moves out of such proximity in compliance with -

Protest meetings

Powers to impose conditions on protest meetings
4. - (1) After section 9 of the principal Act insert -

" The Commission's powers to impose conditions on protest meetings
The Commission's powers to impose conditions on public protests

9A.

- (1) The Commission may issue a determination in respect of a proposed protest meeting imposing on the persons organising or taking part in 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 place at which the meeting may be held, its maximum duration, or the maximum number of persons who may constitute it.

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

(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 -

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 -

(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 -

    (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 9A
     9B. - (1) The Secretary of State shall, on an application made by the Chief Constable, review a determination issued by the Commission under section 9A.

    (2) Subsections (2) to (4) and (7) of section 9 apply in relation to a review under this section as they apply in relation to a review under section 9.

    (3) 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 9A(4)) as if it had been issued by the Commission as so amended.

    (4) Where a determination of the Commission in relation to a protest meeting has been revoked by the Secretary of State under this section, the Commission shall not issue any further determination under section 9A in relation to that meeting.".

    (2) In section 2(2)(b) of that Act (general function of Commission to issue determinations in respect of proposed public processions) after "processions" add "and protest meetings".

    (3) In section 5(1) of that Act (guidelines as to exercise by Commission of functions under section 8) for "section 8" substitute "sections 8 and 9A".

    (4) In section 7(8)(b) of that Act (defence of acting in compliance with conditions imposed under Article 4(2) of Public Order (Northern Ireland) Order 1987) for "Article 4(2) of the Public Order (Northern Ireland) Order 1987" substitute "section 9A".

    (5) In section 10 of that Act (saving for powers of constable) for "section 8 or 9" substitute "sections 8 to 9B".

    (6) In Article 4 of the Public Order (Northern Ireland) Order 1987 (NI 7) (power of senior police officer to impose conditions on open-air public meetings) at the end add -

" (7) This Article does not apply in relation to a protest meeting within the meaning of the Public Processions (Northern Ireland) Act 1998.".

Powers to prohibit protest meetings
5. - (1) After section 11 of the principal Act insert -

" Secretary of State's powers to prohibit protest meetings
Secretary of State's powers to prohibit protest meetings

11A.

- (1) If, in the case of any proposed protest meeting, the Secretary of State is of the opinion that, having regard to -

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

(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 -

it is necessary in the public interest to do so, he may by order prohibit the holding of all protest meetings in that area in that period.

(3) An order under subsection (2) may exempt any meeting, or any meeting of any class or description, specified in the order.

(4) Wherever practicable the Secretary of State shall before making an order under this section consult -

but nothing in this subsection shall affect the validity of any such order.

    (5) The power to make an order under this section includes power to revoke or amend any such order.

    (6) An order made under subsection (1) in relation to a protest meeting has effect to revoke any previous determination made by the Commission under section 9A in relation to that meeting, and an order made under subsection (2) has effect to revoke any previous determination made by the Commission under that section in relation to any protest meeting the holding of which is prohibited by the order.

    (7) A person who organises or takes part in a protest meeting the holding of which he knows is prohibited by an order under this section shall be guilty of an offence.

    (8) 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.".

(2) In section 16(1) of that Act (orders under section 11 not to be made by statutory instrument) after "section 11" insert "or 11A".

(3) In Article 5 of the Public Order (Northern Ireland) Order 1987 (NI 7) (power of Secretary of State to prohibit open-air public meetings) at the end add -

" (7) This Article does not apply in relation to a protest meeting within the meaning of the Public Processions (Northern Ireland) Act 1998.".

Breaking up protest meeting
6. - (1) In section 14(1) of the principal Act (offences against persons taking part in public procession) after "procession" (in both places) insert "or protest meeting".

(2) In Article 7 of the Public Order (Northern Ireland) Order 1987 (NI 7) (breaking up public meeting) after paragraph (2) insert -

" (2A) Paragraph (2) does not apply in relation to a protest meeting within the meaning of the Public Processions (Northern Ireland) Act 1998.".

Supplementary
Procedure for first revision of Code of Conduct, procedural rules and guidelines
7. - (1) In relation to the first revision after the coming into operation of this Order of each of -

the principal Act shall have effect with the following modification.

(2) Schedule 2 to that Act shall have effect as if for paragraphs 5 and 6 there were substituted -

A. K. Galloway
Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Public Processions (Northern Ireland) Act 1998 to enable the Parades Commission to impose conditions on persons supporting a public procession; to enable the Commission to issue determinations in respect of protest meetings; to restate the powers of the Secretary of State to prohibit the holding of protest meetings; and to extend section 14 of that Act (breaking up processions) to cover protest meetings.

ISBN 0 11 049114 9

Prepared 11 May 2005

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	Northern Ireland Orders in Council
You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> The Public Processions (Amendment) (Northern Ireland) Order 2005 No. 857 (N.I. 2) URL: http://www.bailii.org/nie/legis/num_orders/2005/20050857.html