Justice Department Criminal Justice Division Circular No: JD/7/2007 Chief Executives of all Scottish Local Authorities Directors of Finance of all Scottish local Authorities Chief Executive of COSLA Chief Executives of the National Park Authorities Copy to: The Society of Local Authority Lawyers & Administrators in Scotland Chief Constables of Scotland's Police forces | St Andrew's House Regent Road Edinburgh EH1 3DG Telephone: 0131-244 2160 Fax: 0131-244 2623 Callum.Percy@scotland.gsi.gov.uk http://www.scotland.gov.uk Your ref: Our ref: 16 March 2007 |
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Dear Sir/Madam
THE POLICE, PUBLIC ORDER AND CRIMINAL JUSTICE ( SCOTLAND) ACT 2006 (COMMENCEMENT NO. 3, TRANSITIONAL AND SAVINGS PROVISIONS) ORDER 2007 (SSI 2007 NO 84)
1. The purpose of this Circular is to draw your attention to the transitional and savings provisions for public processions set out in Articles 5 and 6 of the attached Commencement Order, which was made on 14 February, and to advise on why these have been inserted.
2. Article 3 of the Commencement Order will bring sections 70 to 72 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (hereon referred to as "the 2006 Act") on public processions into force on 1 April 2007. As you are aware, these sections amend sections 62 to 65 in Part V of the Civic Government (Scotland) Act 1982 (hereon referred to as "the 1982 Act").
3. We recognise that there was a need to make transitional and savings provisions to set out how local authorities will be required to handle the changes being brought about by:
- section 70(2) and (3) of the 2006 Act, which increases the minimum notification period in the 1982 Act from 7 days to 28 days; and
- section 70(5), which repeals section 62(6), (7) and (8) of the 1982 Act which means that notification of customary processions, and any other processions which are currently exempt from the notification requirements under the 1982 Act, will have to be given to the Local Authority and the police.
4. We have therefore inserted transitional and savings provisions in Articles 5 and 6 of the Commencement Order, which will have the effect set out in the explanatory note attached to the order. These articles set out the transitional arrangements for dealing with notifications which have been sent to local authorities before 1 April 2007 in relation to processions which are scheduled to take place after this date. The Order also sets out how a local authority should deal with a procession which may take place from 1 to 27 April, which is (until 1st April 2007) a procession which an organiser is exempt from giving notice of, to the relevant Local Authority and the Chief Constable.
5. I would ask you to ensure that all relevant staff at the Local Authority are informed of the transitional and savings provisions and are aware of how these provisions will apply from 1 April 2007.
6. Copies of the Order will be available from HMSO: www.opsi.gov.uk
7. Should you have any queries on how these arrangements should apply, please direct them to me at the address at the heading of this Circular. Alternatively, you can phone me on 0131-244-2160 or e-mail me at: Callum.Perc@scotland.gsi.gov.uk.
Yours faithfully
CALLUM R PERCY