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The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010

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Public Order (Northern Ireland) Order 1987

1.  Amend the Public Order (Northern Ireland) Order 1987(1) as follows.

2.  (1)  Amend Article 5 (prohibiting open-air public meetings) as follows.

(2) In paragraph (1)—

(a)for “Secretary of State” substitute “Department of Justice”;

(b)for “him” and “he” substitute “the Department of Justice”;

(c)in sub-paragraph (b)(iii) omit “or military forces”.

(3) After paragraph (1) insert—

(1ZA) 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 the holding in any area or place of any open-air public meeting is likely to cause undue demands to be made upon the military forces, the Secretary of State may, in relation to that area or place, make an order under paragraph (1)(A), (B) or (C).

(4) In paragraph (1A) after “An order” insert “made by the Department of Justice or the Secretary of State”.

(5) In paragraph (3) for “Secretary of State under paragraph (1) as to” substitute “Department of Justice or the Secretary of State under this Article as to its or”.

(6) In paragraph (4) after “(1)” insert “or (1ZA)”.

3.  In Article 21(2) (wearing of uniform in public) for “Secretary of State” substitute “Department of Justice”.

4.  In Article 23C (regulations about retention and disposal of things seized under Articles 23A and 23B)—

(a)in paragraphs (1) and (2) for “Secretary of State” substitute “Department of Justice”;

(b)in paragraph (3) for the words from “annulment” to “accordingly” substitute “negative resolution”.

(1)

S.I. 1987/463 (N.I. 7), amended by the Public Processions (Northern Ireland) Act 1998 (c. 2), Schedule 3, paragraph 3; the Anti-Terrorism, Crime and Security Act 2001 (c. 24), sections 95-97; and by S.I. 2005/857 (N.I. 2).

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