The Public Processions (Northern Ireland) Act 1998 (Procedural Rules) Order 2005

Statutory Instruments

2005 No. 903

NORTHERN IRELAND

The Public Processions (Northern Ireland) Act 1998 (Procedural Rules) Order 2005

Made

23rd March 2005

Laid before Parliament

24th March 2005

Coming into force

15th April 2005

Whereas-

(1) in pursuance of subsection (4)(a) of section 4 of the Public Processions (Northern Ireland) Act 1998(1)(“the 1998 Act”), the Parades Commission for Northern Ireland (“the Commission”) is required to keep under review a set of rules (“the procedural rules”) which regulate and prescribe the practice and procedure to be followed by the Commission in exercising the functions mentioned in section 2(2) of the 1998 Act and by other persons or bodies in their dealings with the Commission in connection with the exercise of those functions;

(2) in pursuance of subsection (4)(b) of that section the Commission may from time to time revise the whole or any part of the procedural rules and issue the revised procedural rules;

(3) in pursuance of paragraph 5 of Schedule 2 to the 1998 Act(2), the Commission has prepared a draft of the revised procedural rules, submitted the draft to the Secretary of State and made such modifications to the draft as the Secretary of State, after consultation with the Commission, required;

(4) in pursuance of paragraph 7 of Schedule 2 to the 1998 Act, the Commission has sent the draft procedural rules to the Secretary of State who has laid the draft before each House of Parliament:

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by paragraph 8 of Schedule 2 to the 1998 Act, hereby makes the following Order:

Citation and Commencement

1.  This Order may be cited as the Public Processions (Northern Ireland) Act 1998 (Procedural Rules) Order 2005 and shall come into force on 15th April 2005.

Revised Procedural Rules

2.  The revised procedural rules laid in draft before Parliament on 24th March 2005, which regulate and prescribe the practice and procedure to be followed by the Commission in exercising the functions mentioned in section 2(2) of the 1998 Act and by other persons or bodies in their dealings with the Commission in connection with the exercise of those functions, in respect of any public procession or protest meeting held, or proposed to be held, on or after 14th May 2005, shall come into operation on 15th April 2005.

Revocation

3.  The Public Processions (Northern Ireland) Act 1998 (Procedural Rules) Order 1999(3)(which brought into operation the draft procedural rules laid before Parliament on 30th June 1999), is hereby revoked with effect from 14th May 2005.

Ian Pearson

Parliamentary Under Secretary of State

Northern Ireland Office

23rd March 2005

Explanatory Note

(This note is not part of the Order)

This Order appoints 15th April 2005 as the date on which the revised procedural rules regulating and prescribing the practice and procedure to be followed by the Parades Commission for Northern Ireland (“the Commission”) in exercising the functions mentioned in section 2(2) of the Public Processions (Northern Ireland) Act 1998 (“the 1998 Act”)(power to mediate between parties to particular disputes concerning proposed public processions and to issue determinations in respect of particular proposed public processions and protest meetings), and by other persons or bodies in their dealings with the Commission in connection with the exercise of those functions, are to come into operation. Article 4(2) of the Public Processions (Amendment)(Northern Ireland) Order 2005 (S.I. 2005/857 (N.I. 2)) amended section 2(2)(b) of the 1998 Act to provide that it is also a function of the Commission to issue determinations in respect of protest meetings.

The revised procedural rules, which are issued by the Commission under section 4 of the 1998 Act, replace the procedural rules which were brought into operation on 31st July 1999 by the Public Processions (Northern Ireland) Act 1998 (Procedural Rules) Order 1999 (S.I.1999/2117)(which is revoked by this Order).

The revised procedural rules are published by the Commission and copies may be obtained from the Commission at 12th floor, Windsor House, Bedford Street, Belfast BT2 7EL.

(1)

1998 c. 2.

(2)

Article 7 of the Public Processions (Amendment)(Northern Ireland) Order 2005 (S.I. 2005/857 (N.I. 2)) (“2005 Order”) modifies the procedure in paragraphs 5 and 6 of Schedule 2 to the 1998 Act which the Parades Commission must follow for the first revision of the Code of Conduct, procedural rules and guidelines after the coming into operation of the 2005 Order to provide for a fast- track procedure in relation to this revision only.

(3)

S.I.1999/2117.