Serious Organised Crime and Police Act 2005

134 Authorisation of demonstrations in designated area E+W

(1) This section applies if a notice complying with the requirements of section 133 is received at a police station in the metropolitan police district by the time specified in section 133(2).

(2) The Commissioner must give authorisation for the demonstration to which the notice relates.

(3) In giving authorisation, the Commissioner may impose on the persons organising or taking part in the demonstration such conditions specified in the authorisation and relating to the demonstration as in the Commissioner's reasonable opinion are necessary for the purpose of preventing any of the following—

(a) hindrance to any person wishing to enter or leave the Palace of Westminster,

(b) hindrance to the proper operation of Parliament,

(c) serious public disorder,

(d) serious damage to property,

(e) disruption to the life of the community,

(f) a security risk in any part of the designated area,

(g) risk to the safety of members of the public (including any taking part in the demonstration).

(4) The conditions may, in particular, impose requirements as to—

(a) the place where the demonstration may, or may not, be carried on,

(b) the times at which it may be carried on,

(c) the period during which it may be carried on,

(d) the number of persons who may take part in it,

(e) the number and size of banners or placards used,

(f) maximum permissible noise levels.

(5) The authorisation must specify the particulars of the demonstration given in the notice under section 133 pursuant to subsection (4) of that section, with any modifications made necessary by any condition imposed under subsection (3) of this section.

(6) The Commissioner must give notice in writing of—

(a) the authorisation,

(b) any conditions imposed under subsection (3), and

(c) the particulars mentioned in subsection (5),

to the person who gave the notice under section 133.

(7) Each person who takes part in or organises a demonstration in the designated area is guilty of an offence if —

(a) he knowingly fails to comply with a condition imposed under subsection (3) which is applicable to him (except where it is varied under section 135), or

(b) he knows or should have known that the demonstration is carried on otherwise than in accordance with the particulars set out in the authorisation by virtue of subsection (5).

(8) It is a defence for a person accused of an offence under subsection (7) to show—

(a) (in a paragraph (a) case) that the failure to comply, or

(b) (in a paragraph (b) case) that the divergence from the particulars,

arose from circumstances beyond his control, or from something done with the agreement, or by the direction, of a police officer.

(9) The notice required by subsection (6) may be sent by post to the person who gave the notice under section 133 at the address stated in that notice pursuant to subsection (4)(e) of that section.

(10) If the person to whom the notice required by subsection (6) is to be given has agreed, it may be sent to him by email or by facsimile transmission at the address or number notified by him for the purpose to the Commissioner (and a notice so sent is “in writing” for the purposes of that subsection).

Commencement Information

I1 S. 134(1)-(6) (9) (10) in force at 1.7.2005 by S.I. 2005/1521, art. 3(1)(q)

I2 S. 134(7)(8) in force at 1.8.2005 by S.I. 2005/1521, art. 4(1)