Public Order Bill — Report (2nd Day) — Amendment 48 — 7 Feb 2023 at 16:38
Moved by Lord Sharpe of Epsom
48: Before Clause 15, insert the following new Clause-“Imposing conditions on public processions: serious disruption(1) Section 12 of the Public Order Act 1986 (imposing conditions on public processions) is amended as follows.(2) After subsection (2) insert-“(2ZA) In considering for the purposes of subsection (1)(a) whether a public procession in England and Wales may result in serious disruption to the life of the community, the senior police officer may have regard to the cumulative disruption to the life of the community resulting from-(a) the procession,(b) any public procession in England and Wales within subsection (2ZB), and(c) any public assembly in England and Wales within subsection (2ZE).(2ZB) A public procession (“Procession A”) is within this subsection if it was held, is being held or is intended to be held in the same area as the area in which the procession mentioned in subsection (2ZA)(a) (“Procession B”) is being held or is intended to be held.(2ZC) In subsection (2ZB) “area” means such area as the senior police officer considers appropriate, having regard to the nature and extent of the disruption that may result from Procession A and Procession B. (2ZD) For the purposes of subsection (2ZB), it does not matter whether or not- (a) Procession A and Procession B are organised by the same person,(b) any of the same persons take part in Procession A and Procession B,(c) Procession A and Procession B are held or are intended to be held at the same time, or(d) directions are given under subsection (1) in relation to Procession A.(2ZE) A public assembly is within this subsection if it was held, is being held or is intended to be held in the same area as the area in which the procession mentioned in subsection (2ZA)(a) is being held or is intended to be held.(2ZF) In subsection (2ZE) “area” means such area as the senior police officer considers appropriate, having regard to the nature and extent of the disruption that may result from the assembly and the procession.(2ZG) For the purposes of subsection (2ZE) it does not matter whether or not-(a) the assembly and the procession are organised by the same person,(b) any of the same persons take part in the assembly and the procession,(c) the assembly and the procession are held or are intended to be held at the same time, or(d) directions are given under section 14(1A) (imposing conditions on public assemblies) in relation to the assembly.(2ZH) In considering for the purposes of subsection (1)(a) whether a public procession in England and Wales may result in serious disruption to the life of the community-(a) all disruption to the life of the community-(i) that may result from the procession, or(ii) that may occur regardless of whether the procession is held (including in particular normal traffic congestion),is to be taken into account, and(b) “the community” means any group of persons that may be affected by the procession, and it does not matter whether or not all or any of those persons live or work in the vicinity of the procession.”(3) In subsection (2A) (examples of serious disruption)-(a) before paragraph (a) insert-“(za) it may, by way of physical obstruction, result in the prevention of, or a hindrance that is more than minor to, the carrying out of daily activities (including in particular the making of a journey),”,(b) in paragraph (a), for “a significant delay to” substitute “the prevention of, or a delay that is more than minor to,”, and(c) in paragraph (b), for “a prolonged disruption” substitute “the prevention, or a disruption that is more than minor,”.(4) After subsection (3) insert-“(3A) Subsection (3B) applies where-(a) a public procession is being held or is intended to be held in England and Wales,(b) it appears to the senior police officer that there is a connection between the procession and-(i) one or more other public processions that are being held or that are intended to be held in England and Wales, or(ii) one or more public assemblies that are being held or that are intended to be held in England and Wales, (c) the senior police officer reasonably believes that one of the conditions in subsection (1)(a) to (b) is met in relation to the procession mentioned in paragraph (a), and(d) the senior police officer reasonably believes-(i) in relation to a procession mentioned in paragraph (b)(i), that one of the conditions in subsection (1)(a) to (b) is met in relation to the procession, or(ii) in relation to an assembly mentioned in paragraph (b)(ii), that one of the conditions in section 14(1)(a) to (b) is met in relation to the assembly.(3B) The senior police officer may-(a) give directions under subsection (1) in relation to-(i) the procession mentioned in subsection (3A)(a), and(ii) any procession mentioned in subsection (3A)(b)(i) in relation to which the condition in subsection (3A)(d)(i) is met, and(b) give directions under section 14(1A) in relation to any assembly mentioned in subsection (3A)(b)(ii) in relation to which the condition in subsection (3A)(d)(ii) is met.(3C) Directions given in accordance with subsection (3B) may impose the same or different conditions in relation to different processions and assemblies.(3D) In subsections (3A) and (3B) “the senior police officer” means-(a) where the public procession mentioned in subsection (3A)(a) is being held, the police officer responsible for managing the police response to the procession, and(b) where the public procession mentioned in subsection (3A)(a) is intended to be held, the chief officer of police.(3E) A direction given by a chief officer of police by virtue of subsection (3D)(b) must be given in writing.””Member’s explanatory statementThis new Clause amends section 12 of the Public Order Act 1986 (imposing conditions on public processions) to make provision about when a public procession in England and Wales may result in serious disruption to the life of the community. The amendments also allow for conditions to be imposed in relation to connected processions and assemblies.
Ayes 240, Noes 254.
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