Civic Government (Scotland) Act 1982

65 Offences and enforcement.S

(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) [F1or (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) [F1or (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 [F2level 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) [F3or (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) [F3or (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 [F2level 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