Public Processions (Northern Ireland) Act 1998

The Commission N.I.

1 The Commission. N.I.

(1) There shall be established a body to be known as the Parades Commission for Northern Ireland (in this Act referred to as “the Commission”).

(2) Schedule 1 has effect in relation to the Commission.

2 Functions of the Commission. N.I.

(1) It shall be the duty of the Commission—

(a) to promote greater understanding by the general public of issues concerning public processions;

(b) to promote and facilitate mediation as a means of resolving disputes concerning public processions;

(c) to keep itself generally informed as to the conduct of public processions and protest meetings;

(d) to keep under review, and make such recommendations as it thinks fit to the Secretary of State concerning, the operation of this Act.

(2) The Commission may in accordance with the following provisions of this Act—

(a) facilitate mediation between parties to particular disputes concerning proposed public processions and take such other steps as appear to the Commission to be appropriate for resolving such disputes;

(b) issue determinations in respect of particular proposed public processions [F1 and protest meetings]F1 .

(3) For the purposes of its functions under this section, the Commission may, with the approval of the Secretary of State—

(a) provide financial or other assistance to any person or body on such terms and conditions as the Commission may determine;

(b) commission research.

Textual Amendments

F1 Words in s. 2(2)(b) added (23.3.2005 with application as mentioned in art. 1(2) of the amending S.I.) by The Public Processions (Amendment) (Northern Ireland) Order 2005 (S.I. 2005/857 (N.I. 2)), art. 4(2)

3 Code of Conduct. N.I.

(1) The Commission shall issue a code (in this Act referred to as “the Code of Conduct”)—

(a) providing guidance to persons organising a public procession or protest meeting; and

[F2 (b) regulating the conduct of persons—

(i) organising, taking part in or supporting a public procession; or

(ii) organising or taking part in a protest meeting.]

F2 (2) The Commission—

(a) shall keep the Code of Conduct under review; and

(b) may from time to time revise the whole or any part of the Code of Conduct and issue the revised Code of Conduct.

(3) Schedule 2 has effect in relation to the Code of Conduct.

Textual Amendments

F2 S. 3(1)(b) substituted (23.3.2005 with application as mentioned in art. 1(2) of the amending S.I.) by The Public Processions (Amendment) (Northern Ireland) Order 2005 (S.I. 2005/857 (N.I. 2)), art. 3(2)

4 Procedural rules. N.I.

(1) The Commission shall issue a set of rules (in this Act referred to as “the procedural rules”) for the purpose of regulating and prescribing the practice and procedure to be followed—

(a) by the Commission in exercising the functions mentioned in section 2(2); and

(b) by other persons or bodies in their dealings with the Commission in connection with the exercise of those functions.

(2) In particular (but without prejudice to the generality of subsection (1)) the procedural rules may—

(a) provide for the determination by the Commission of the particular cases in relation to which the functions mentioned in section 2(2) are to be exercised;

(b) prescribe the manner in which, and the time within which, specified actions may or must be taken (whether by the Commission or by other persons or bodies) for the purposes of the exercise by the Commission of those functions;

(c) require notice of specified determinations of the Commission made in the exercise of those functions to be published in such form and manner as may be specified.

(3) In subsection (2) “specified” means specified in the procedural rules.

(4) The Commission—

(a) shall keep the procedural rules under review; and

(b) may from time to time revise the whole or any part of the procedural rules and issue the revised procedural rules.

(5) Schedule 2 has effect in relation to the procedural rules.

5 Guidelines. N.I.

(1) The Commission shall issue a set of guidelines (in this Act referred to as “the guidelines”) as to the exercise by the Commission of its functions under [F3 sections 8 and 9A]F3 .

(2) The Commission—

(a) shall keep the guidelines under review; and

(b) may from time to time revise the whole or any part of the guidelines and issue the revised guidelines.

(3) Schedule 2 has effect in relation to the guidelines.

Textual Amendments

F3 Words in s. 5(1) substituted (23.3.2005 with application as mentioned in art. 1(2) of the amending S.I.) by The Public Processions (Amendment) (Northern Ireland) Order 2005 (S.I. 2005/857 (N.I. 2)), art. 4(3)