PART 3

Dispersal powers

Authorisations to use powers under section 35
34
1
A police officer of at least the rank of inspector may authorise the use in a specified locality, during a specified period of not more than 48 hours, of the powers given by section 35.
“Specified” means specified in the authorisation.
2
An officer may give such an authorisation only if satisfied on reasonable grounds that the use of those powers in the locality during that period may be necessary for the purpose of removing or reducing the likelihood of—
a
members of the public in the locality being harassed, alarmed or distressed, or
b
the occurrence in the locality of crime or disorder.
3
In deciding whether to give such an authorisation an officer must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the Convention.
“Convention” has the meaning given by section 21(1) of the Human Rights Act 1998.
4
An authorisation under this section—
a
must be in writing,
b
must be signed by the officer giving it, and
c
must specify the grounds on which it is given.
S. 34 in force at 20.10.2014 by S.I. 2014/2590, art. 3(b)