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The Police, Public Order and Criminal Justice (Scotland) Act 2006 (Commencement No. 3, Transitional and Savings Provisions) Order 2007

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Transitional and savings provisions for public processions

5.—(1) Notwithstanding the modifications to sections 62 to 65 of the 1982 Act by sections 70 to 72 of the Act, those sections shall continue to have effect on and after 1st April 2007 as if those modifications had not been made, in relation to a public procession which takes place on or after that date but only to a case to which paragraph (2) applies.

(2) This paragraph applies where–

(a)a local authority has made an order under section 62(6) of the 1982 Act, which exempts a person from giving written notice to that authority of the proposal to hold a public procession, which is specified in that order, and that person holds such a public procession at any time on or after 1st April 2007 and before 28th April 2007;

(b)a public procession of the type specified in section 62(7) of the 1982 Act is held on or after 1st April 2007 and before 28th April 2007 and a local authority has not made an order under that section which requires written notice of a proposal to hold such a public procession to be given to that authority; or

(c)a person who is proposing to hold a public procession has given written notice of that proposal, in accordance with section 62 of the 1982 Act before 1st April 2007 and a local authority has before that date–

(i)made an order under section 63(1) or (1A)(b) of the 1982 Act; or

(ii)given notification, in accordance with section 63(3)(a)(ii) of the 1982 Act, that it has decided not to make an order under section 63(1) of the 1982 Act, and no order under section 63(1A)(b) of that Act has been subsequently made.

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