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The Public Order (Northern Ireland) Order 1987

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Advance notice of public processions

3.—(1) A person proposing to organise a public procession shall give written notice of that proposal in accordance with paragraphs (2) and (3) to a member of the Royal Ulster Constabulary not below the rank of sergeant by leaving the notice with him at the police station nearest to the proposed place of commencement of that procession.

(2) The notice to be given under paragraph (1) 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 number and, where reasonably practicable, the names of any bands likely to take part in it;

(e)the arrangements for its control being made by the person proposing to organise it; and

(f)the name and address of that person.

(3) Notice under paragraph (1) shall be given not less than 7 days before the date when the procession is to be held or, if that is not reasonably practicable, as soon as it is reasonably practicable to give such notice.

(4) Paragraph (1) does not apply where the procession is—

(a)a funeral procession; or

(b)a procession of a class or description specified by an order made by the Secretary of State.

(5) A person who organises or takes part in a public procession—

(a)in respect of which the requirements of this Article as to notice have not been satisfied; or

(b)which is held on a date, at a time or along a route which differs from the date, time or route specified in relation to it in the notice given under paragraph (1), shall be guilty of an offence.

(6) In proceedings for an offence under paragraph (5) it is a defence for the accused to prove that he did not know of, and neither suspected nor had reason to suspect, the failure to satisfy the requirements or (as the case may be) the difference of date, time or route.

(7) To the extent that an alleged offence under paragraph (5) turns on a difference of date, time or route it is a defence for the accused to prove that the difference arose from—

(a)circumstances beyond his control;

(b)something done in compliance with conditions imposed under Article 4(1); or

(c)something done with the agreement of a member of the Royal Ulster Constabulary not below the rank of inspector.

(8) A person guilty of an offence under paragraph (5) shall be liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.

(9) An order made under paragraph (4) by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act[1946 c. 36] 1946 shall apply accordingly.

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