Civic Government (Scotland) Act 1982

65 Offences and enforcement

(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) 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) 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 £500 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) 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) 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 £200.

(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.