- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/2002)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/04/2007
Point in time view as at 01/04/2002.
Civic Government (Scotland) Act 1982, Part V is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A person proposing to hold a procession in public shall give written notice of that proposal in accordance with subsections (2) and (3) below
[F1(a)]to the [F2local authority] in whose area the procession is to be held, or if it is to be held in the areas of more than one such [F2 authority], to each such [F2authority][F3;
[F4(aa)if the procession is to be held to any extent in a National Park, to the National Park authority for the National Park;]
and
F3(b)to the chief constable.]
(2)Notice shall be given for the purposes of subsection (1) above by—
(a)its being posted to the main office of the [F2local authority][F5and (where subsection (1)(aa) above applies) of the National Park authority][F6and to the office of the chief constable] so that in the normal course of post it might be expected to arrive not later than 7 days before the date when the procession is to be held; or
(b)its being delivered by hand to [F7those offices] not later than 7 days before that date.
(3)The notice to be given under subsection (1) above shall specify—
(a)the date and time when the procession is to be held;
(b)its route;
(c)the number of persons likely to take part in it;
(d)the arrangements for its control being made by the person proposing to hold it; and
(e)the name and address of that person.
(4)A [F2local authority]may, on application in accordance with subsection (5) below by a person proposing to hold a procession in public in their area
[F10(aa)if the procession is to be held to any extent in a National Park, intimated to the National Park authority for the National Park;]
and
F9(b)intimated to the chief constable,] within the period of 7 days before the date when the procession is to be held, make an order dispensing with the requirements of subsection (2) above in relation to the time limits for the giving of notice of that proposal.
(5)An application under subsection (4) above shall specify the matters mentioned in subsection (3) above and, where an order has been made under the said subsection (4), the application for it shall be treated as notice duly given for the purposes of subsection (1) above.
(6)A [F2local authority] may (whether upon application made to them or not) make an order exempting any person proposing to hold any procession in public being a procession specified in the order or one of a class of processions so specified from the requirement under this section to give notice to the [F2 authority]of the proposal to hold that procession.
(7)This section does not apply in relation to processions commonly or customarily held; but a [F2local authority]may, as respects their area, order that it shall apply to any such procession so held or any such class of processions so held as is specified in the order.
(8)An order under subsection (6) or (7) above may—
(a)provide that its application in any case or class of cases is subject to such conditions as may be specified in the order;
(b)classify processions by reference to any factor or factors whatsoever;
(c)be varied or revoked by subsequent order made in like manner.
(9)The [F2local authority] shall, before making an order under subsection (4) above or making, varying or revoking an order under subsection (6) or (7) above, consult the chief constable.
(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
(11)The [F2local authority] shall, as soon as possible after they make, vary or revoke an order under subsection (6) or (7) above, give public notice of that fact in a newspaper or newspapers circulating in their area.
(12)In this section and in sections 63 to 65 of this Act—
“procession in public” means a procession in a public place;
“chief constable” means, in relation to a [F2local authority], the chief constable of the police force for the area which comprises or includes the area of the [F2authority]; and
“public place” has the same meaning as in [F12Part II of the Public Order Act 1986].
Textual Amendments
F1 “(a)” inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para. 3(2)(a)(i)
F2Words in s 62(1)(2)(4)(6)(7)(9)(11)(12) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 129(4)(a)-(d); S.I. 1996/323, art. 4(1)(c)
F3S. 62(1)(b) and “; and” immediately preceding it inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para. 3(2)(a)(ii)
F4S. 62(1)(aa) inserted (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 9(1)(a) (with s. 32); S.S.I. 2000/312, art. 2
F5Words in s. 62(2)(a) inserted (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 9(1)(b) (with s. 32); S.S.I. 2000/312, art. 2
F6Words inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para. 3(2)(b)(i)
F7Words substituted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para. 3(2)(b)(ii)
F8 “(a)” inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para 3(2)(c)(i)
F9S. 62(4)(b) and “; and” immediately preceding it inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para. 3(2)(c)(ii)
F10S. 62(4)(aa) inserted (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 9(1)(c) (with s. 32); S.S.I. 2000/312, art. 2
F12Words substituted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40 (2)(4)(5), Sch. 2 para. 3(2)(d)
(1)The [F13local authority] may, after consulting the chief constable [F14and (where section 62(1)(aa) of this Act applies) the National Park authority] in respect of a procession notice of which has been given or falls to be treated as having been given in accordance with section 62(1) of this Act, make an order—
(i)prohibiting the holding of the procession; or
(ii)imposing conditions on the holding of it.
[F15(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 [F13local authority]have made an order under subsection (1) above they may at any time thereafter, after consulting the chief constable [F16and (where subsection (1)(aa) of that section applies) the National Park authority], 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 [F16and (where subsection (1)(aa) of that scetion applies) the National Park authority], make any order which they were empowered to make under that subsection.]
(2)The conditions which may be imposed under subsection (1) [F17or (1A)] above on the holding of a procession may include conditions—
(a)as to the date, time and duration of the procession;
(b)as to the route to be taken by it;
(c)prohibiting its entry into any public place specified in the order.
(3)A [F13local authority] shall—
(a)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, deliver at least 2 days before the date when, in terms of the notice, the procession is to be held, to the person who gave the notice—
(i)where they have made an order under subsection (1) [F18or (1A)] above, a copy of it and a written statement of the reasons for it; . . . F19
(ii)where they decide not to make [F20an order under subsection (1) above or to revoke an order already made under subsection (1) or (1A) above], notification of that fact;
[F21(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]
(b)where they have made an order under subsection (1) [F22or (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 made [F22and, if the order has been varied under subsection (1A) above, that it has been so varied] and of its effect [F23; 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)The [F13local authority]shall comply with subsection (3) above—
(a)as early as possible;
(b)only insofar as it is reasonably practicable for them to do so.
Textual Amendments
F13Words in s. 63(1)(1A)(a)(3)(4) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 129(5); S.I. 1996/323, art. 4(1)(c)
F14Words in s. 63(1) inserted (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 9(2)(a) (with s. 32); S.S.I. 2000/312, art. 2
F15S. 63(1A) inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para. 3(3)(a)
F16Words in s. 63(1A) inserted (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 9(2)(b) (with s. 32); S.S.I. 2000/312, art. 2
F17 “or (1A)” inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para. 3(3)(b)
F18 “or (1A)” inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para. 3(3)(c)(i)
F19Word repealed by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(3)(4)(5), Sch. 3
F20Words substituted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para 3(3)(c)(ii)
F21S. 63(3)(iii) substituted for word by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para. 3(3)(c)(iii)
F22Words inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para. 3(3)(c)(iv)
F23S. 63(3)(c) and “; and” immediately preceding it inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para. 3(3)(c)(v)
(1)An appeal to the sheriff shall lie at the instance of a person who, in accordance with section 62 of this Act, has or falls to be treated as having given notice of a proposal to hold a procession in public [F24against
(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.]
(2)An appeal under this section shall be made by way of summary application and shall be lodged with the sheriff clerk within 14 days from the date on which the copy of the order and statement of reasons were received by the appellant.
(3)On good cause being shown, the sheriff may hear an appeal under this section notwithstanding that it was not lodged within the time mentioned in subsection (2) above.
(4)The sheriff may uphold an appeal under this section only if he considers that the [F25local authority] in arriving at their decision to make [F26or, as the case may be, to vary] the order—
(a)erred in law;
(b)based their decision on any incorrect material fact;
(c)exercised their discretion in an unreasonable manner; or
(d)otherwise acted beyond their powers.
(5)In considering an appeal under this section the sheriff may hear evidence by or on behalf of any party to the appeal.
(6)Subject to subsection (7) below, on an appeal under this section, the sheriff may
(a)uphold the appeal and—
(i)remit the case, with the reasons for his decision, to the [F25local authority] for reconsideration of their decision, or
(ii)if he considers that there is insufficient time for the case to be remitted under sub-paragraph (i) above vary the order which is the subject of the appeal or make any such order as the [F25authority] were empowered to make under section 63(1) of this Act; or
(b)dismiss the appeal,
and on remitting a case under paragraph (a)(ii) above, the sheriff may—
(i)specify a date by which the reconsideration by the [F25authority] must take place;
(ii)modify any procedural steps which otherwise would be required to be taken in relation to the matter by or under any enactment (including this Act).
(7)The sheriff shall not exercise any of his powers under subsection (6) above unless he is satisfied that all steps which in the circumstances were reasonable have been taken with a view to securing that notice of the appeal and an opportunity of being heard with respect to it have been given to the [F25 authority] whose order [F27or, as the case may be, the variation of whose order] under section 63 of this Act is the subject of the appeal.
(8)The sheriff may include in his decision on an appeal under this section such order as to the expenses of the appeal as he thinks proper.
(9)Any party to an appeal to the sheriff under this section may appeal on a point of law from the decision of the sheriff to the Court of Session within 28 days from the date of that decision.
Textual Amendments
F24S. 64 (1)(a)(b) and word “against” immediately preceding it substituted for words by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para. 3(4)(a)
F25Words in s. 64(4)(6)(a)(i)(7) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 129(6) (with s. 128); S.I. 1996/323, art. 4(1)(c)
F26Words inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para. 3(4)(b)
F27Words inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para. 3(4)(c)
(1)Subject to subsection (3) below, a person who holds a procession in public—
(a)without—
(i)having given or being a person who is treated as having given notice in accordance with section 62 of this Act of his proposal to do so; and
(ii)there being in force in relation to the procession an exempting order under section 62(6) of this Act;
(b)in contravention of an order under section 63(1) [F28or (1A)] or 64(6)(a)(ii) of this Act prohibiting the holding of it;
(c)otherwise than in accordance with a condition imposed by an order under section 63(1) [F28or (1A)] or 64(6)(a)(ii) of this Act in relation to the procession; or
(d)otherwise than in accordance with the particulars of its date, time and route specified—
(i)in the notice given under section 62(1) to (3) of this Act; or
(ii)where an order has been made under subsection (4) of that section, in the application for the order
except to the extent that a condition referred to in paragraph (c) above relates to its date, time or route,
shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F29level 4 on the standard scale] or to imprisonment for a period not exceeding 3 months or to both.
(2)Subject to subsection (3) below, a person who takes part in a procession in public—
(a)in respect of which—
(i)notice has not been or is not treated as having been given in accordance with section 62 of this Act; and
(ii)there is not in force an exempting order under section 62(6) of this Act in relation to the procession;
(b)in relation to which an order has been made under section 63(1) [F30or (1A)] or 64(6)(a)(ii) of this Act prohibiting the holding of it;
(c)which is held otherwise than in accordance with a condition imposed by an order under section 63(1) [F30or (1A)] or 64(6)(a)(ii) of this Act in relation to the procession; or
(d)which is held otherwise than in accordance with the particulars of its date, time and route specified—
(i)in the notice given under section 62(1) to (3) of this Act; or
(ii)where an order has been made under subsection (4) of that section, in the application for the order
except to the extent that a condition referred to in paragraph (c) above relates to its date, time or route
and refuses to desist when required to do so by a constable in uniform shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F29level 3 on the standard scale].
(3)This section does not apply to processions commonly or customarily held except that it applies to a procession so held if there is in force in relation to it an order under section 62(7) of this Act.
(4)Subject to subsection (5) below, a constable may arrest without warrant a person whom he reasonably suspects of committing or having committed an offence under this section.
(5)A constable who is not in uniform shall produce his identification if required to do so by any person whom he is arresting under subsection (4) above.
Textual Amendments
F28 “or (1A)” inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para. 3(5)(a)
F29Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
F30 “or (1A)” inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para. 3(5)(b)
Sections 62 to 65 of this Act are subject to the [F31Public Order Act 1986]; and, without prejudice to that generality—
(a)an order under those sections, so far as relating to the same matters as those to which any directions given [F32under section 12] of that Act relate, shall be subject to those directions . . . F33; and
(b)anything done in conformity with any such directions . . . F34 or omitted, in conformity therewith, to be done shall not be an offence under section 65 of this Act.
Textual Amendments
F31Words substituted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para. 3(6)(a)
F32Words substituted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para. 3(6)(b)
F33Words repealed by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(3)(4)(5), Sch. 2 para. 3(6)(b), Sch. 3
F34Words repealed by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(3)(4)(5), Sch. 2 para. 3(6)(c), Sch. 3
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