Civic Government (Scotland) Act 1982

63 Functions of regional and islands councils in relation to processions. S

(1) The [F1 local authority] may, after consulting the chief constable [F2 and (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.

[F3 (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 [F1 local authority]have made an order under subsection (1) above they may at any time thereafter, after consulting the chief constable [F4 and (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 [F4 and (where subsection (1)(aa) of that scetion applies) the National Park authority], make any order which they were empowered to make under that subsection.]

F5 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A [F1 local 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) [F6 or (1A)] above, a copy of it and a written statement of the reasons for it; . . . F7

(ii) where they decide not to make [F8 an order under subsection (1) above or to revoke an order already made under subsection (1) or (1A) above], notification of that fact;

[F9 (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) [F10 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 made [F10 and, if the order has been varied under subsection (1A) above, that it has been so varied] and of its effect [F11 ; 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 [F1 local 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.

[F12 (5) The local authority may, after consulting the chief constable and (where section 62(1)(aa) of this Act applies) the National Parks Authority, make an order—

(a) imposing conditions on the holding of a procession to which paragraph (a) of subsection (11B) of section 62 of this Act relates;

(b) prohibiting or imposing conditions on the holding of a procession to which paragraph (b) of that subsection relates.

(6) Subsections (1A), (3) and (4) above apply in relation to an order made under subsection (5) above and to a decision not to make an order under that subsection as they apply to an order under subsection (1) above and to a decision not to make an order under that subsection respectively, but with the modifications set out in subsection (7) below.

(7) Those modifications are—

(a) the references to notice having been or falling to be treated as having been given shall be ignored;

(b) the reference to the person who gave the notice shall be treated as a reference to the person appearing to the local authority to be the person who is to hold the procession; and

(c) the words “not to make an order under subsection (1) above or” in subsection (3)(a)(ii) shall be ignored.

(8) The considerations to which the local authority shall have regard when deciding whether to prohibit the holding of a procession or impose conditions on it under this section shall include—

(a) the likely effect of the holding of the procession in relation to—

(i) public safety;

(ii) public order;

(iii) damage to property;

(iv) disruption of the life of the community;

(b) the extent to which the containment of risks arising from the procession would (whether by itself or in combination with any other circumstances) place an excessive burden on the police;

(c) where the person proposing to hold the procession has previously held one in the area of the authority or the persons likely to take part in the procession, or some of them, are the same persons as took part in one previously held in that area, or some of them—

(i) whether the previous procession was held in breach of a prohibition under this section on its being held or of a condition so imposed on the holding of it;

(ii) whether any guidance or code of conduct issued by the authority as to the holding of the previous procession or as to the holding of processions generally was followed; and

(iii) the effect of the previous procession in relation to the matters mentioned in sub-paragraphs (i) to (iv) of paragraph (a) above and in paragraph (b) above.

(9) The local authority shall compile, maintain and make available to the public, free of charge, a list containing information about—

(a) processions which have, after the coming into force of this subsection, been held in their area;

(b) proposed processions which they have, after that time, prohibited under this section.

(10) A local authority shall make sufficient arrangements to secure that any person, body or other grouping resident in or otherwise present in their area who makes a request for the purposes of this subsection is enabled to receive information about processions which are to or might be held in that area or in any part of it specified in the request.]

Textual Amendments

F1 Words 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)

F2 Words 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

F3 S. 63(1A) inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para. 3(3)(a)

F4 Words 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

F5 S. 63(2) repealed (1.4.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 71(2), 104(1); S.S.I. 2007/84, art. 3(3) (with arts. 5 6)

F6 “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)

F7 Word repealed by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(3)(4)(5), Sch. 3

F8 Words substituted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para 3(3)(c)(ii)

F9 S. 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)

F10 Words inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(4)(5), Sch. 2 para. 3(3)(c)(iv)

F11 S. 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)

F12 S. 63(5)-(10) inserted (1.4.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 71(3), 104(1); S.S.I. 2007/84, art. 3(3) (with arts. 5 6)