The Public Processions (Amendment) (Northern Ireland) Order 2005

JurisdictionUK Non-devolved
CitationSI 2005/857
Year2005

2005 No. 857 (N.I. 2)

NORTHERN IRELAND

The Public Processions (Amendment) (Northern Ireland) Order 2005

22ndMarch 2005

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 -

" (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.".

(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 -

" (2A) For the purposes of this Act a person supports a public procession if (and only if) at any time when the procession is being held -

(a) he is in a public place and (subject to subsection (2B)) in close proximity to persons taking part in the procession; and(b) in all the circumstances (including his conduct) his presence in that place may reasonably be taken as expressing support for the holding of the procession.

(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 -

(a) conditions imposed by a determination under section 8; or(b) a direction given by a member of the Police Service of Northern Ireland not below the rank of inspector.".

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...

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