The Public Processions (Electronic Communication of Notices) (Northern Ireland) Order 2015

Contents

1 Citation, commencement, extent and interpretation
Part 1 Amendments of the 1998 Act
Part 2 Amendment of subordinate legislation
- 5 Amendment of the Public Order (Prescribed Forms) Regulations (Northern Ireland) 2004
- 6 Amendment of the Public Order (Prescribed Forms) Regulations (Northern Ireland) 2005

Article 1Citation, commencement, extent and interpretation#

(1)This Order may be cited as the Public Processions (Electronic Communication of Notices) (Northern Ireland) Order 2015.

(2)This Order comes into force at the end of the period of 28 days beginning with the day on which it is made.

(3)This Order extends to Northern Ireland only.

(4)In this Order, “the 1998 Act” means the Public Processions (Northern Ireland) Act 1998.

Part 1 · Amendments of the 1998 Act

Article 2Amendment of section 6 of the 1998 Act#

(1)Section 6 of the 1998 Act (advance notice of public processions) is amended as follows.

(2)In subsection (1)—

(a)for “(2) to (4)” substitute “(1A) to (4A)”; and

(b)omit the words from “to a member” to the end of that subsection.

(3)After subsection (1) insert—“1A Notice under this section shall be—a left with a member of the Police Service of Northern Ireland not below the rank of sergeant at the police station nearest to the proposed starting place of the procession; orb sent to the Police Service of Northern Ireland by permitted electronic means (see section 7A).”

(4)After subsection (4) insert—“4A Where notice is sent by permitted electronic means, the signature required by subsection (3)(b) is a permitted electronic signature (see section 7A).”

Article 3Amendment of section 7 of the 1998 Act#

(1)Section 7 of the 1998 Act (advance notice of protest meetings related to public processions) is amended as follows.

(2)In subsection (1)—

(a)for “(2) to (4)” substitute “(1A) to (4A)”; and

(b)omit the words from “to a member” to the end of that subsection.

(3)After subsection (1) insert—“1A Notice under this section shall be—a left with a member of the Police Service of Northern Ireland not below the rank of sergeant at the police station nearest to the place at which the meeting is to be held; orb sent to the Police Service of Northern Ireland by permitted electronic means (see section 7A).”

(4)After subsection (4) insert—“4A Where notice is sent by permitted electronic means, the signature required by subsection (3)(b) is a permitted electronic signature (see section 7A).”

Article 4Meaning of “permitted electronic means” and “permitted electronic signature”#

After section 7 of the 1998 Act insert—“7A 1 A notice is sent by “permitted electronic means” for the purposes of sections 6 and 7 if—a it is sent by a specified form of electronic communication (within the meaning of the Electronic Communications Act 2000) and in accordance with specified requirements; andb receipt of the notice is acknowledged in a specified manner.2 For the purposes of sections 6 and 7, a “permitted electronic signature” is an electronic signature (within the meaning of section 7(2) of the Electronic Communications Act 2000) which complies with such conditions or requirements as may be specified.3 In subsections (1) and (2), “specified” means specified in a direction given by the Secretary of State.4 A direction under this section may be varied or revoked by a subsequent direction.5 Before giving or varying a direction under this section, the Secretary of State must consult—a the Chief Constable;b the Commission; andc such other persons as the Secretary of State is satisfied should be consulted.6 The Secretary of State must publish a direction under this section.”

Part 2 · Amendment of subordinate legislation

Article 5Amendment of the Public Order (Prescribed Forms) Regulations (Northern Ireland) 2004#

In regulation 2 of the Public Order (Prescribed Forms) Regulations (Northern Ireland) 2004 (notice of public processions and related protest meetings), after paragraph (2) insert—“3 In the case of notice to be sent to the Police Service of Northern Ireland by permitted electronic means (see section 7(1A)(b) of the Public Processions (Northern Ireland) Act 1998), the form in Schedule 2 is adapted as follows—a on the first page of the form—i for the words “submitted to a member of the police not below the rank of sergeant, at the police station nearest to the proposed location of the protest meeting. It must be submitted” substitute “sent to the Police by a form of electronic communication, and in accordance with requirements, specified in a direction given by the Secretary of State. The notice is not sent until receipt is acknowledged in accordance with such a direction. It must be sent”; andii omit the last two bullet points;b omit Part 3 of the form; andc the format of the form may be varied as required for the purpose of sending the form by permitted electronic means, provided that the information required to be provided in the form is the same.”

Article 6Amendment of the Public Order (Prescribed Forms) Regulations (Northern Ireland) 2005#

In regulation 2 of the Public Order (Prescribed Forms) Regulations (Northern Ireland) 2005 (notice of public processions and related protest meetings), the existing text becomes paragraph (1) of the regulation and after paragraph (1) insert—“2 In the case of notice to be sent to the Police Service of Northern Ireland by permitted electronic means (see section 6(1A)(b) of the Public Processions (Northern Ireland) Act 1998), the form in the Schedule is adapted as follows—a on the first page of the form—i for the words “submitted to a member of the police not below the rank of sergeant, at the police station nearest to the proposed starting place of the procession” substitute “sent to the Police by a form of electronic communication, and in accordance with requirements, specified in a direction given by the Secretary of State. The notice is not sent until receipt is acknowledged in accordance with such a direction. It must be sent”; andii omit the last two bullet points;b omit Parts 5 and 6 of the form; andc the format of the form may be varied as required for the purpose of sending the form by permitted electronic means, provided that the information required to be provided in the form is the same.”

Contains public sector information licensed under the Open Government Licence v3.0.

The Public Processions (Electronic Communication of Notices) (Northern Ireland) Order 2015

Article 1Citation, commencement, extent and interpretation#

Part 1 · Amendments of the 1998 Act

Article 2Amendment of section 6 of the 1998 Act#

Article 3Amendment of section 7 of the 1998 Act#

Article 4Meaning of “permitted electronic means” and “permitted electronic signature”#

Part 2 · Amendment of subordinate legislation

Article 5Amendment of the Public Order (Prescribed Forms) Regulations (Northern Ireland) 2004#

Article 6Amendment of the Public Order (Prescribed Forms) Regulations (Northern Ireland) 2005#

Connections

Defined terms · 2

Key facts

History · 1 version

Article 1Citation, commencement, extent and interpretation#

Part 1 · Amendments of the 1998 Act

Article 2Amendment of section 6 of the 1998 Act#

Article 3Amendment of section 7 of the 1998 Act#

Article 4Meaning of “permitted electronic means” and “permitted electronic signature”#

Part 2 · Amendment of subordinate legislation

Article 5Amendment of the Public Order (Prescribed Forms) Regulations (Northern Ireland) 2004#

Article 6Amendment of the Public Order (Prescribed Forms) Regulations (Northern Ireland) 2005#