OpenLegislation

Public Order Act 1986 in Northern Ireland

1986 c. 64 · Enacted 7 November 1986 · Extends to United Kingdom

Not fully up to date. 8 changes made by later legislation have not yet been written into this text, which is revised to 29 June 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 12(8)words substitutedCriminal Justice Act 2003 Sch. 26 para. 37(2)(a)
s. 12(10)words substitutedCriminal Justice Act 2003 Sch. 26 para. 37(2)(b)
s. 13(11)words substitutedCriminal Justice Act 2003 Sch. 26 para. 37(3)(a)
s. 13(13)words substitutedCriminal Justice Act 2003 Sch. 26 para. 37(3)(b)
s. 14(8)words substitutedCriminal Justice Act 2003 Sch. 26 para. 37(4)(a)
s. 14(10)words substitutedCriminal Justice Act 2003 Sch. 26 para. 37(4)(b)
s. 14B(5)words substitutedCriminal Justice Act 2003 Sch. 26 para. 37(5)(a)
s. 14B(7)words substitutedCriminal Justice Act 2003 Sch. 26 para. 37(5)(b)

Contents

  1. 9Offences abolished.
  2. Meaning of “racial hatred”
  3. Acts intended or likely to stir up racial hatred
  4. 19Publishing or distributing written material.
  5. 20Public performance of play.
  6. 21Distributing, showing or playing a recording.
  7. 22Broadcasting or including programme in cable programme service.
  8. Racially inflammatory material
  9. 23Possession of racially inflammatory material.
  10. 24Powers of entry and search.
  11. 25Power to order forfeiture.
  12. Supplementary provisions
  13. 28Offences by corporations.
  14. 29Interpretation.
  15. 29AMeaning of “religious hatred”
  16. 29ABMeaning of “hatred on the grounds of sexual orientation”
  17. 29JProtection of freedom of expression
  18. Supplementary provisions
  19. 29MOffences by corporations
  20. 30–37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  21. Part V: Miscellaneous and General
  22. 38Contamination of or interference with goods with intention of causing public alarm or anxiety, etc.
  23. 41Commencement.
  24. 42Extent
  25. 43Short title.
  26. Schedule 1: Sporting Events
  27. Part I: England and Wales
  28. Introduction
  29. 1Paragraph 1
  30. Vehicles
  31. 2Paragraph 2
  32. Fireworks etc.
  33. 3Paragraph 3
  34. Licensing etc.
  35. 4Paragraph 4 Repealed
  36. Supplementary
  37. 5Paragraph 5 Repealed
  38. 6Paragraph 6
  39. 7Paragraph 7
  40. Minor amendment
  41. 8Paragraph 8 Repealed
  42. Part II: Scotland
  43. Introduction
  44. 9Paragraph 9
  45. Vehicles
  46. 10Paragraph 10
  47. 11Paragraph 11
  48. 12Paragraph 12
  49. 13Paragraph 13
  50. Fireworks etc.
  51. 14Paragraph 14
  52. Schedule 2: Other Amendments
  53. Conspiracy and Protection of Property Act 1875 (c.86)
  54. Prevention of Crime Act 1953 (c.14)
  55. 2Paragraph 2
  56. Civic Government (Scotland) Act 1982 (c.45)
  57. 3Paragraph 3
  58. Criminal Justice Act 1982 (c.48)
  59. 4Paragraph 4
  60. Police and Criminal Evidence Act 1984 (c.60)
  61. 7Paragraph 7
  62. Schedule 3Repeals

9Offences abolished.

(1)

The common law offences of riot, rout, unlawful assembly and affray are abolished.

(2)

The offences under the following enactments are abolished—

(a)

section 1 of the M1Tumultuous Petitioning Act 1661 (presentation of petition to monarch or Parliament accompanied by excessive number of persons),

(b)

section 1 of the M2Shipping Offences Act 1793 (interference with operation of vessel by persons riotously assembled),

(c)

section 23 of the M3Seditious Meetings Act 1817 (prohibition of certain meetings within one mile of Westminster Hall when Parliament sitting), and

(d)

section 5 of the M4Public Order Act 1936 (conduct conducive to breach of the peace).

19Publishing or distributing written material.F1

(1)

A person who publishes or distributes written material which is threatening, abusive or insulting is guilty of an offence if—

(a)

he intends thereby to stir up racial hatred, or

(b)

having regard to all the circumstances racial hatred is likely to be stirred up thereby.

(2)

In proceedings for an offence under this section it is a defence for an accused who is not shown to have intended to stir up racial hatred to prove that he was not aware of the content of the material and did not suspect, and had no reason to suspect, that it was threatening, abusive or insulting.

(3)

References in this Part to the publication or distribution of written material are to its publication or distribution to the public or a section of the public.

20Public performance of play.F1

(1)

If a public performance of a play is given which involves the use of threatening, abusive or insulting words or behaviour, any person who presents or directs the performance is guilty of an offence if—

(a)

he intends thereby to stir up racial hatred, or

(b)

having regard to all the circumstances (and, in particular, taking the performance as a whole) racial hatred is likely to be stirred up thereby.

(2)

If a person presenting or directing the performance is not shown to have intended to stir up racial hatred, it is a defence for him to prove—

(a)

that he did not know and had no reason to suspect that the performance would involve the use of the offending words or behaviour, or

(b)

that he did not know and had no reason to suspect that the offending words or behaviour were threatening, abusive or insulting, or

(c)

that he did not know and had no reason to suspect that the circumstances in which the performance would be given would be such that racial hatred would be likely to be stirred up.

(3)

This section does not apply to a performance given solely or primarily for one or more of the following purposes—

(a)

rehearsal,

(b)

making a recording of the performance, or

(c)

enabling the performance to be F2included in a programme service;

but if it is proved that the performance was attended by persons other than those directly connected with the giving of the performance or the doing in relation to it of the things mentioned in paragraph (b) or (c), the performance shall, unless the contrary is shown, be taken not to have been given solely or primarily for the purposes mentioned above.

(4)

For the purposes of this section—

(a)

a person shall not be treated as presenting a performance of a play by reason only of his taking part in it as a performer,

(b)

a person taking part as a performer in a performance directed by another shall be treated as a person who directed the performance if without reasonable excuse he performs otherwise than in accordance with that person’s direction, and

(c)

a person shall be taken to have directed a performance of a play given under his direction notwithstanding that he was not present during the performance;

and a person shall not be treated as aiding or abetting the commission of an offence under this section by reason only of his taking part in a performance as a performer.

(5)

In this section “play” and “public performance” have the same meaning as in the M1Theatres Act 1968.

(6)

The following provisions of the Theatres Act 1968 apply in relation to an offence under this section as they apply to an offence under section 2 of that Act—

  • section 9 (script as evidence of what was performed),

  • section 10 (power to make copies of script),

  • section 15 (powers of entry and inspection).

21Distributing, showing or playing a recording.F1

(1)

A person who distributes, or shows or plays, a recording of visual images or sounds which are threatening, abusive or insulting is guilty of an offence if—

(a)

he intends thereby to stir up racial hatred, or

(b)

having regard to all the circumstances racial hatred is likely to be stirred up thereby.

(2)

In this Part “recording” means any record from which visual images or sounds may, by any means, be reproduced; and references to the distribution, showing or playing of a recording are to its distribution, showing or playing of a recording are to its distribution, showing or playing to the public or a section of the public.

(3)

In proceedings for an offence under this section it is a defence for an accused who is not shown to have intended to stir up racial hatred to prove that he was not aware of the content of the recording and did not suspect, and had no reason to suspect, that it was threatening, abusive or insulting.

(4)

This section does not apply to the showing or playing of a recording solely for the purpose of enabling the recording to be F2included in a programme service.

22Broadcasting or including programme in cable programme service.

(1)

If a programme involving threatening, abusive or insulting visual images or sounds is F1included in a programme service, each of the persons mentioned in subsection (2) is guilty of an offence if—

(a)

he intends thereby to stir up racial hatred, or

(b)

having regard to all the circumstances racial hatred is likely to be stirred up thereby.

(2)

The persons are—

(a)

the person providing the . . . F2 programme service,

(b)

any person by whom the programme is produced or directed, and

(c)

any person by whom offending words or behaviour are used.

(3)

If the person providing the service, or a person by whom the programme was produced or directed, is not shown to have intended to stir up racial hatred, it is a defence for him to prove that—

(a)

he did not know and had no reason to suspect that the programme would involve the offending material, and

(b)

having regard to the circumstances in which the programme was F3included in a programme service, it was not reasonably practicable for him to secure the removal of the material.

(4)

It is a defence for a person by whom the programme was produced or directed who is not shown to have intended to stir up racial hatred to prove that he did not know and had no reason to suspect—

(a)

that the programme would be included in a programme service, or

(b)

that the circumstances in which the programme would be . . . F4so included would be such that racial hatred would be likely to be stirred up.

(5)

It is a defence for a person by whom offending words or behaviour were used and who is not shown to have intended to stir up racial hatred to prove that he did not know and had no reason to suspect—

(a)

that a programme involving the use of the offending material would be included in a programme service, or

(b)

that the circumstances in which a programme involving the use of the offending material would be . . . so included, or in which a programme . . . so included would involve the use of the offending material, would be such that racial hatred would be likely to be stirred up.

(6)

A person who is not shown to have intended to stir up racial hatred is not guilty of an offence under this section if he did not know, and had no reason to suspect, that the offending material was threatening, abusive or insulting.

7),(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

23Possession of racially inflammatory material.

(1)

A person who has in his possession written material which is threatening, abusive or insulting, or a recording of visual images or sounds which are threatening, abusive or insulting, with a view to—

(a)

in the case of written material, its being F1displayed, published, distributed, F2or included in a cable programme service, whether by himself or another, or

(b)

in the case of a recording, its being F3distributed, shown, played, or included in a cable programme service, whether by himself or another,

is guilty of an offence if he intends racial hatred to be stirred up thereby or, having regard to all the circumstances, racial hatred is likely to be stirred up thereby.

(2)

For this purpose regard shall be had to such F4display, publication, distribution, showing, playing, F5or inclusion in a programme service as he has, or it may reasonably be inferred that he has, in view.

(3)

In proceedings for an offence under this section it is a defence for an accused who is not shown to have intended to stir up racial hatred to prove that he was not aware of the content of the written material or recording and did not suspect, and had no reason to suspect, that it was threatening, abusive or insulting.

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

24Powers of entry and search.

(1)

If in England and Wales a justice of the peace is satisfied by information on oath laid by a constable that there are reasonable grounds for suspecting that a person has possession of written material or a recording in contravention of section 23, the justice may issue a warrant under his hand authorising any constable to enter and search the premises where it is suspected the material or recording is situated.

(2)

If in Scotland a sheriff or justice of the peace is satisfied by evidence on oath that there are reasonable grounds for suspecting that a person has possession of written material or a recording in contravention of section 23, the sheriff or justice may issue a warrant authorising any constable to enter and search the premises where it is suspected the material or recording is situated.

(3)

A constable entering or searching premises in pursuance of a warrant issued under this section may use reasonable force if necessary.

(4)

In this section “premises” means any place and, in particular, includes—

(a)

any vehicle, vessel, aircraft or hovercraft,

(b)

any offshore installation as defined in section 1(3) (b) of the M1Mineral Workings (Offshore Installations) Act 1971, and

(c)

any tent or movable structure.

25Power to order forfeiture.

(1)

A court by or before which a person is convicted of—

(F1a)

an offence under section 18 relating to the display of written material, or

(b)

an offence under section 19, 21 or 23,

an offence under section 23

shall order to be forfeited any written material or recording produced to the court and shown to its satisfaction to be written material or a recording to which the offence relates.

(2)

An order made under this section shall not take effect—

(a)

in the case of an order made in proceedings in England and Wales, until the expiry of the ordinary time within which an appeal may be instituted or, where an appeal is duly instituted, until it is finally decided or abandoned;

(b)

in the case of an order made in proceedings in Scotland, until the expiration of the time within which, by virtue of any statute, an appeal may be instituted or, where such an appeal is duly instituted, until the appeal is finally decided or abandoned.

(3)

For the purposes of subsection (2)(a)—

(a)

an application for a case stated or for leave to appeal shall be treated as the institution of an appeal, and

(b)

where a decision on appeal is subject to a further appeal, the appeal is not finally determined until the expiry of the ordinary time within which a further appeal may be instituted or, where a further appeal is duly instituted, until the further appeal is finally decided or abandoned.

(4)

For the purposes of subsection (2)(b) the lodging of an application for a stated case or note of appeal against sentence shall be treated as the institution of an appeal.

28Offences by corporations.

(1)

Where a body corporate is guilty of an offence under this Part and it is shown that the offence was committed with the consent or connivance of a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2)

Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as it applies to a director.

29Interpretation.

In this Part—

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F2“distribute”, and related expressions, shall be construed in accordance with section 19(3) (written material) and section 21(2) (recordings);

  • “dwelling” means any structure or part of a structure occupied as a person’s home or other living accommodation (whether the occupation is separate or shared with others) but does not include any part not so occupied, and for this purpose “structure” includes a tent, caravan, vehicle, vessel or other temporary or movable structure;

  • “programme” means any item which is F3included in a programme service;

  • F4“programme service” has the same meaning as in the Broadcasting Act 1990;

  • “publish”, and related expressions, in relation to written material, shall be construed in accordance with section 19 (3);

  • “racial hatred” has the meaning given by section 17;

  • F5“recording” has the meaning given by section 21(2), and “play” and “show”, and related expressions, in relation to a recording, shall be construed in accordance with that provision; “recording” means any record from which visual images or sounds may, by any means, be reproduced;

  • “written material” includes any sign or other visible representation.

29AMeaning of “religious hatred”F1

In this Part “religious hatred” means hatred against a group of persons defined by reference to religious belief or lack of religious belief.

29ABMeaning of “hatred on the grounds of sexual orientation”F1F2

In this Part “hatred on the grounds of sexual orientation” means hatred against a group of persons defined by reference to sexual orientation (whether towards persons of the same sex, the opposite sex or both).

29JProtection of freedom of expressionF1

Nothing in this Part shall be read or given effect in a way which prohibits or restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult or abuse of particular religions or the beliefs or practices of their adherents, or of any other belief system or the beliefs or practices of its adherents, or proselytising or urging adherents of a different religion or belief system to cease practising their religion or belief system.

29MOffences by corporationsF1

(1)

Where a body corporate is guilty of an offence under this Part and it is shown that the offence was committed with the consent or connivance of a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2)

Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as it applies to a director.

30–37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

38Contamination of or interference with goods with intention of causing public alarm or anxiety, etc. E+W+N.I.

(1)

It is an offence for a person, with the intention—

(a)

of causing public alarm or anxiety, or

(b)

of causing injury to members of the public consuming or using the goods, or

(c)

of causing economic loss to any person by reason of the goods being shunned by members of the public, or

(d)

of causing economic loss to any person by reason of steps taken to avoid any such alarm or anxiety, injury or loss,

to contaminate or interfere with goods, or make it appear that goods have been contaminated or interfered with, or to place goods which have been contaminated or interfered with, or which appear to have been contaminated or interfered with, in a place where goods of that description are consumed, used, sold or otherwise supplied.

(2)

It is also an offence for a person, with any such intention as is mentioned in paragraph (a), (c)or (d) of subsection (1), to threaten that he or another will do, or to claim that he or another has done, any of the acts mentioned in that subsection.

(3)

It is an offence for a person to be in possession of any of the following articles with a view to the commission of an offence under subsection (1)—

(a)

materials to be used for contaminating or interfering with goods or making it appear that goods have been contaminated or interfered with, or

(b)

goods which have been contaminated or interfered with, or which appear to have been contaminated or interfered with.

(4)

A person guilty of an offence under this section is liable—

(a)

on conviction on indictment to imprisonment for a term not exceeding 10 years or a fine or both, or

(b)

on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

(5)

In this section “goods” includes substances whether natural or manufactured and whether or not incorporated in or mixed with other goods.

(6)

The reference in subsection (2) to a person claiming that certain acts have been committed does not include a person who in good faith reports or warns that such acts have been, or appear to have been, committed.

41Commencement.C1 E+W+N.I.

(1)

This Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be appointed for different provisions or different purposes.

(2)

Nothing in a provision of this Act applies in relation to an offence committed or act done before the provision comes into force.

(3)

Where a provision of this Act comes into force for certain purposes only, the references in subsection (2) to the provision are references to it so far as it relates to those purposes.

42Extent

(1)

The provisions of this Act extend to England and Wales except so far as they—

(a)

amend or repeal an enactment which does not so extend, or

(b)

relate to the extent of provisions to Scotland or Northern Ireland.

(2)

The following provisions of this Act extend to Scotland—

  • in Part I, section 9(2) except paragraph (a);

  • in Part II, sections 12 and 14 to 16;

  • Part III;

  • Part V, except sections 38, F1. . ., 40(4), subsections (1) and (3) of this section and any provision amending or repealing an enactment which does not extend to Scotland.

(3)

The following provisions of this Act extend to Northern Ireland—

sections 38, 41, this subsection, F2and section 43.

43Short title. E+W+N.I.

This Act may be cited as the Public Order Act 1986.

1

The M1Sporting Events (Control of Alcohol etc.) Act 1985 shall be amended as mentioned in this Part.

2

The following shall be inserted after section 1 (offences in connection with alcohol on coaches and trains)—

“ Alcohol on certain other vehicles.

1A
(1)

This section applies to a motor vehicle which—

(a)

is not a public service vehicle but is adapted to carry more than 8 passengers, and

(b)

is being used for the principal purpose of carrying two or more passengers for the whole or part of a journey to or from a designated sporting event.

(2)

A person who knowingly causes or permits intoxicating liquor to be carried on a motor vehicle to which this section applies is guilty of an offence—

(a)

if he is its driver, or

(b)

if he is not its driver but is its keeper, the servant or agent of its keeper, a person to whom it is made available (by hire, loan or otherwise) by its keeper or the keeper’s servant or agent, or the servant or agent of a person to whom it is so made available.

(3)

A person who has intoxicating liquor in his possession while on a motor vehicle to which this section applies is guilty of an offence.

(4)

A person who is drunk on a motor vehicle to which this section applies is guilty of an offence.

(5)

In this section—

  • “keeper”, in relation to a vehicle, means the person having the duty to take out a licence for it under section 1(1) of the Vehicles (Excise) Act 1971,

  • “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and

  • “public service vehicle” has the same meaning as in the Public Passenger Vehicles Act 1981.”.

3

The following shall be inserted after section 2 (offences in connection with alcohol, containers etc. at sports grounds)—

“ Fireworks etc.

2A
(1)

A person is guilty of an offence if he has an article or substance to which this section applies in his possession—

(a)

at any time during the period of a designated sporting event when he is in any area of a designated sports ground from which the event may be directly viewed, or

(b)

while entering or trying to enter a designated sports ground at any time during the period of a designated sporting event at the ground.

(2)

It is a defence for the accused to prove that he had possession with lawful authority.

(3)

This section applies to any article or substance whose main purpose is the emission of a flare for purposes of illuminating or signalling (as opposed to igniting or heating) or the emission of smoke or a visible gas; and in particular it applies to distress flares, fog signals, and pellets and capsules intended to be used as fumigators or for testing pipes, but not to matches, cigarette lighters or heaters.

(4)

This section also applies to any article which is a firework.”.

4

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

In section 7(3) (power to stop and search vehicles), after “public service vehicle (within the meaning of section 1 of this Act)” insert “or a motor vehicle to which section 1A of this Act applies”.

7

(1)

Section 8 (penalties) shall be amended as follows.

(2)

In paragraph (a) after “1(2)” there shall be inserted “or 1A(2)”.

(3)

In paragraph (b) after “1(3)” there shall be inserted “, 1A(3)”, after “2(1)” there shall be inserted “, 2A(1)” and after “3(10)” there shall be inserted “, 5B(2), 5C(3), 5D(2)”.

(4)

In paragraph (c) after “1(4)” there shall be inserted “, 1A(4)”.

(5)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

Part V of the M1Criminal Justice (Scotland) Act 1980 (sporting events: control of alcohol etc.) shall be amended as mentioned in this Part.

10

After section 70 there shall be inserted the following—

“ Alcohol on certain other vehicles.

70A
(1)

This section applies to a motor vehicle which is not a public service vehicle but is adapted to carry more than 8 passengers and is being operated for the principal purpose of conveying two or more passengers for the whole or part of a journey to or from a designated sporting event.

(2)

Any person in possession of alcohol on a vehicle to which this section applies shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or a fine not exceeding level 3 on the standard scale or both.

(3)

Any person who is drunk on a vehicle to which this section applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(4)

Any person who permits alcohol to be carried on a vehicle to which this section applies and—

(a)

is the driver of the vehicle, or

(b)

where he is not its driver, is the keeper of the vehicle, the employee or agent of the keeper, a person to whom it is made available (by hire, loan or otherwise) by the keeper or the keeper’s employee or agent, or the employee or agent of a person to whom it is so made available,

shall, subject to section 71 of this Act, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.”.

11

In section 71 (defences in connection with carriage of alcohol) for “or 70” there shall be substituted “, 70 or 70A(4)”.

12

In section 75 (police powers of enforcement) for “or 70” there shall be substituted “, 70 or 70A”.

13

In section 77 (interpretation of Part V)—

(a)

the following definitions shall be inserted in the appropriate places alphabetically—

  • ““keeper”, in relation to a vehicle, means the person having the duty to take out a licence for it under section 1(1) of the Vehicles (Excise) Act 1971;

  • “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;”; and

(b)

in the definition of “public service vehicle” for the words “Part I of the Transport Act 1980” there shall be substituted the words “the M1Public Passenger Vehicles Act 1981”;”.

14

(1)

After section 72 there shall be inserted the following—

“ Possession of fireworks etc. at sporting events.

72A
(1)

Any person who has entered the relevant area of a designated sports ground and is in possession of a controlled article or substance at any time during the period of a designated sporting event shall be guilty of an offence.

(2)

Any person who, while in possession of a controlled article or substance, attempts to enter the relevant area of a designated sports ground at any time during the period of a designated sporting event at the ground shall be guilty of an offence.

(3)

A person guilty of an offence under subsection (1) or (2) above shall be liable on summary conviction to imprisonment for a period not exceeding 60 days or to a fine not exceeding level 3 on the standard scale or both.

(4)

It shall be a defence for a person charged with an offence under subsection (1) or (2) above to show that he had lawful authority to be in possession of the controlled article or substance.

(5)

In subsections (1) and (2) above “controlled article or substance” means—

(a)

any article or substance whose main purpose is the emission of a flare for purposes of illuminating or signalling (as opposed to igniting or heating) or the emission of smoke or a visible gas; and in particular it includes distress flares, fog signals, and pellets and capsules intended to be used as fumigators or for testing pipes, but not matches, cigarette lighters or heaters; and

(b)

any article which is a firework.”.

(2)

In section 75 (police powers of enforcement) at the end of subparagraph (ii) of paragraph (e) there shall be inserted—

“; or

(iii)

a controlled article or substance as defined in section 72A(5) of this Act.”.

2

In section 1 of the Prevention of Crime Act 1953 (offence to have offensive weapon) at the end of subsection (4) (offensive weapon includes article intended by person having it for use by him) there shall be added “or by some other person”.

3

(1)

Part V of the Civic Government (Scotland) Act 1982 (public processions) shall be amended in accordance with this paragraph.

(2)

In section 62 (notification of processions)—

(a)

in subsection (1)—

(i)

after “below” there shall be inserted “(a)”; and

(ii)

at the end there shall be inserted—

“; and

(b)

to the chief constable.”

(b)

in subsection (2)—

(i)

in paragraph (a), after “council” there shall be inserted “and to the office of the chief constable”;

(ii)

in paragraph (b), for “that office” there shall be substituted “those offices”;

(c)

in subsection (4)—

(i)

after “area” there shall be inserted “(a)”; and

(ii)

after “them” there shall be inserted—

“; and

(b)

intimated to the chief constable,”; and

(d)

in subsection (12), in the definition of “public place”, for “the Public Order Act 1936” there shall be substituted “Part II of the Public Order Act 1986”.

(3)

In section 63 (functions of regional and islands councils in relation to processions)—

(a)

after subsection (1) there shall be inserted—

“(1A)

Where notice of a proposal to hold a procession has been given or falls to be treated as having been given in accordance with section 62(1) of this Act—

(a)

if a regional or islands council have made an order under subsection (1) above they may at any time thereafter, after consulting the chief constable, vary or revoke the order and, where they revoke it, make any order which they were empowered to make under that subsection;

(b)

if they have decided not to make an order they may at any time thereafter, after consulting the chief constable, make any order which they were empowered to make under that subsection.”;

(b)

in subsection (2) after “(1)” there shall be inserted “or (1A)”;

(c)

in subsection (3)—

(i)

in paragraph (a)(i), after “(1)” there shall be inserted or (1A) above”;

(ii)

in paragraph (a)(ii), for “such an order” there shall be substituted “an order under subsection (1) above or to revoke an order already made under subsection (1) or (1A) above”;

(iii)

at the end of paragraph (a)(ii), for “and” there shall be substituted—

“(iii)

where they have, under subsection (1A) above, varied such an order, a copy of the order as varied and a written statement of the reasons for the variation; and”;

(iv)

in paragraph (b), after “(1)” there shall be inserted “or (1A)”, and after “made” where third occurring there shall be inserted “and, if the order has been varied under subsection (1A) above, that it has been so varied”; and

(v)

at the end of paragraph (b) there shall be inserted—

“; and

(c)

where they have revoked an order made under subsection (1) or (1A) above in relation to a proposal to hold a procession, make such arrangements as will ensure that persons who might take or are taking part in that procession are made aware of the fact that the order has been revoked.”.

(4)

In section 64 (appeals against orders under section 63)—

(a)

in subsection (1) for the words from “against” to the end there shall be substituted—

“against—

(a)

an order made under section 63(1) or (1A) of this Act; or

(b)

a variation under section 63(1A) of this Act of an order made under section 63(1) or (1A),

in relation to the procession. ”;

(b)

in subsection (4) after “make” there shall be inserted “or, as the case may be, to vary”; and

(c)

in subsection (7) after “order” there shall be inserted “or, as the case may be, the variation of whose order”.

(5)

In section 65 (offences and enforcement)—

(a)

in paragraphs (b) and (c) of subsection (1), after “(1)” there shall be inserted “or (1A)”; and

(b)

in paragraphs (b) and (c) of subsection (2), after “(1)” there shall be inserted “or (1A)”.

(6)

In section 66 (relationship with Public Order Act 1936)—

(a)

for “the Public Order Act 1936” there shall be substituted “Part II of the Public Order Act 1986”;

(b)

in paragraph (a), for “or order made under section 3” there shall be substituted “under section 12”, and “or that order” shall be omitted; and

(c)

in paragraph (b), “or order under the said section 3” shall be omitted.

4

The following shall be inserted at the end of Part II of Schedule 1 to the Criminal Justice Act 1982 (statutory offences excluded from provisions for early release of prisoners)—

“ Public Order Act 1986

27

Section 1 (riot).

28

Section 2 (violent disorder).

29

Section 3 (affray).”.”

7

In section 17(1)(c) of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest for certain offences) in sub-paragraph (i) the words from “4” to “peace)” shall be omitted and after sub-paragraph (ii) there shall be inserted—

“(iii)

section 4 of the Public Order Act 1986 (fear or provocation of violence);”.

Schedule 3Repeals

ChapterShort titleExtent of repeal
13 Chas. 2. Stat. 1. c. 5.Tumultuous Petitioning Act 1661.The whole Act.
33 Geo. 3. c. 67.Shipping Offences Act 1793.The whole Act.
57 Geo. 3. c. 19.Seditious Meetings Act 1817.The whole Act.
5 Geo. 4. c. 83.Vagrancy Act 1824.In section 4, the words from “every person being armed” to “arrestable offence” and from “and every such gun” to the end.
2 & 3 Vict. c. 47.Metropolitan Police Act 1839.In section 54, paragraph 13.
2 & 3 Vict. c. xciv.City of London Police Act 1839.In section 35, paragraph 13.
3 Edw. 7.c .ccl.Erith Tramways and Improvement Act 1903.Section 171.
1 Edw. 8 & 1 Geo. 6. c. 6.Public Order Act 1936.Section 3.
Section 4.
Section 5.
Section 5A.
In section 7, in subsection (2) the words “or section 5 or 5A” and in subsection (3) the words “, four or five”.
Section 8(6).
In section 9, in subsection (1) the definition of “public procession” and in subsection (3) the words “by the council of any borough or district or”.
7 & 8 Geo. 6. c.xxi.Middlesex County Council Act 1944.Section 309.
1967 c. 58.Criminal Law Act 1967.Section 11(3).
In Schedule 2, paragraph 2(1) (b).
1968 c. 54.Theatres Act 1968.Section 5.
In sections 7(2), 8, 9(1), 10 (1) (a) and (b), 15(1)(a) and 18(2), the references to section 5.
1976 c. 74.Race Relations Act 1976.Section 70.
Section 79(6).
1976 c. xxxv.County of South Glamorgan Act 1976.Section 25.
In Part I of Schedule 3, the entry relating to section 25.
1980 c. 62.Criminal Justice (Scotland) Act 1980.In section 75(e)(i), the word “or” at the end.
1980 c. x.County of Merseyside Act 1980.In section 30(2), paragraph (b), the word “and” preceding that paragraph and the words from “and may make” to the end.
In section 30(5), the words “in the said section 31 or”.
Section 31.
In section 137(2), the reference to section 31.
1980 c. xi.West Midlands County Council Act 1980.Section 38, except subsection (4).
In section 116(2), the reference to section 38.
1980 c. xiii.Cheshire County Council Act 1980.Section 28, except subsection (4).
In section 108(2), the reference to section 28.
1980 c. xv.Isle of Wight Act 1980.Section 26, except subsection (4).
In section 63(2), the reference to section 26.
1981 c. ix.Greater Manchester Act 1981.Section 56, except subsection (4).
In section 179(2), the reference to section 56.
1981 c. xxv.East Sussex Act 1981.Section 29.
In section 102(2), the reference to section 29.
1982 c. 45.Civic Government (Scotland) Act 1982.Section 62(10).
In section 63(3)(a)(i), the word “or” at the end.
In section 66, in paragraph (a), the words “or that order”, and in paragraph (b) the words “or order under the said section 3”.
1982 c. 48.Criminal Justice Act 1982.In Part I of Schedule 1, the entries relating to riot and affray.
1984 c. 46.Cable and Broadcasting Act 1984.Section 27.
In section 33 (2), the words “an offence under section 27 above or”.
1984 c. 60.Police and Criminal Evidence Act 1984.In section 17(1)(c)(i) the words from “4” to “peace)”.
1985 c. 57.Sporting Events (Control of Alcohol etc.) Act 1985.In section 8, the word “and” at the end of paragraph (b).