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5.—(1) If at any time the Secretary of State is of the opinion, in consequence of information furnished to him by the Chief Constable or for any other reason, that—
(a)the exercise of the powers conferred by Article 4 in any area will not be sufficient to prevent such disorder, damage, disruption or intimidation as is referred to in[F1 paragraph (2)] of that Article; or
(b)the holding in any area or place ofF2. . . any open-air public meeting is likely to cause—
(i)serious public disorder;
(ii)serious disruption to the life of the community; or
(iii)undue demands to be made upon the police or military forces,
he may make an order—
[F3(A) prohibiting the holding in that area or place of an open-air public meeting specified in the order;
(B)prohibiting, for such period not exceeding 28 days as may be specified in the order, the holding in that area or place of any open-air public meeting or such class or description as may be so specified; or
(C)prohibiting, for such period not exceeding 28 days as may be specified in the order, the holding in that area or place of any open-air public meetings.]
[F4(1A) An order under any paragraph (1)(B) or (C) may exempt any open-air public meeting, or any class or description of open-air public meeting, specified in the order.]
Para. (2) rep. 1998 c. 2
(3) A recital in an order made by the Secretary of State under paragraph (1) as to his opinion and the information upon which that opinion was formed shall be conclusive evidence of the matters stated therein.
(4) The Chief Constable may delegate, to such extent and subject to such conditions as he may specify, his functions under paragraph (1) to a member of the Royal Ulster Constabulary not below the rank of Assistant Chief Constable.
(5) A person who—
(a)organises[F5 an] open-air public meeting the holding of which he knows is prohibited by virtue of an order under this Article; or
(b)takes part in[F5 an] open-air public meeting the holding of which he knows is prohibited by virtue of an order under this Article,
shall be guilty of an offence.
(6) A person guilty of an offence under paragraph (5) shall be[F6 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.]
[F7(7) This Article does not apply in relation to a protest meeting within the meaning of the Public Processions (Northern Ireland) Act 1998.]
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