Part V Public Processions
62 Notification of processions.
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
F1a
F4aa
if the procession is to be held to any extent in a National Park, to the National Park authority for the National Park;
and
F3b
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 authorityF5and (where subsection (1)(aa) above applies) of the National Park authorityF6and to the office of the chief constable so that in the normal course of post it might be expected to arrive not later than F3528 days before the date when the procession is to be held; or
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 authoritymay, on application in accordance with subsection (5) below by a person proposing to hold a procession in public in their area
F10aa
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
5
An application under subsection (4) above shall
F38a
set out the reason why notice of the proposal was not given in accordance with subsections (1) and (2) above
b
specify the matters mentioned in subsection (3) above,
F396
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F407
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F418
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
F4311
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4411A
A local authority shall, as soon as possible after making an order under subsection (4) above, publicise that fact in such manner as they think fit and send a copy of the order to the applicant.
11B
This section does not apply to a procession—
a
which is a funeral procession organised by a funeral director acting in the ordinary course of his business; or
b
which is specified in, or is within a description specified in, an order made by the Scottish Ministers.
11C
In subsection (11B) above, a “funeral director” is a person whose business consists of or includes the arrangement and conduct of funerals.
11D
An order made for the purposes of subsection (11B)(b) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
12
63 Functions of regional and islands councils in relation to processions.
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.
F151A
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 authorityhave 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.
F452
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
ii
where they decide not to make F19an order under subsection (1) above or to revoke an order already made under subsection (1) or (1A) above, notification of that fact;
F20iii
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) F21or (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 F21and, if the order has been varied under subsection (1A) above, that it has been so varied and of its effect F22; 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 authorityshall comply with subsection (3) above—
a
as early as possible;
b
only insofar as it is reasonably practicable for them to do so.
F465
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.
64 Appeals against orders under section 63.
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 F23against
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 F24local authority in arriving at their decision to make F25or, 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 F24local 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 F47quash the order which is the subject of the appeal F48, vary it or make F49in substitution for the order any such order as the F24authority were empowered to make under section 63(1) of this Act; or
b
dismiss the appeal,
and on remitting a case under F54paragraph (a)(i) above, the sheriff may—
i
specify a date by which the reconsideration by the F24authority 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 F24 authority whose order F26or, 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.
65 Offences and enforcement.
1
Subject to subsection (3) below, a person who holds a procession in public—
a
F50not —
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; F51...
F51ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in contravention of an order under section 63(1) F27or (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) F27or (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 F28level 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; F52...
F52ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
in relation to which an order has been made under section 63(1) F29or (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) F29or (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 F28level 3 on the standard scale.
F533
This section applies to a procession of the description set out in section 62(11B)(a) of this Act (funeral processions) only to the extent that the procession has been held otherwise than in accordance with conditions imposed under this Part of this Act.
F533A
This section applies to a procession which is within section 62(11B)(b) of this Act (processions specified by order) only if and to the extent that it has been prohibited or conditions imposed on it under this Part of this Act.
F564
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F565
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
65AF34Guidance to local authorities
The local authority shall, in carrying out functions under this Part of this Act, have regard to any guidance in that respect issued by the Scottish Ministers.
66 Relationship of sections 62 to 65 with F30F30Public Order Act 1986.
Sections 62 to 65 of this Act are subject to the F30Public Order Act 1986; and, without prejudice to that generality—
a
b
anything done in conformity with any such directions . . . F33 or omitted, in conformity therewith, to be done shall not be an offence under section 65 of this Act.