Part V Public Processions
62 Notification of processions.
1
A person proposing to hold a procession in public shall give written notice of that proposal in accordance with subsections (2) and (3) below
F1a
F4aa
if the procession is to be held to any extent in a National Park, to the National Park authority for the National Park;
and
F3b
to the chief constable.
2
Notice shall be given for the purposes of subsection (1) above by—
a
its being posted to the main office of the F2local authorityF5and (where subsection (1)(aa) above applies) of the National Park authorityF6and to the office of the chief constable so that in the normal course of post it might be expected to arrive not later than F1328 days before the date when the procession is to be held; or
3
The notice to be given under subsection (1) above shall specify—
a
the date and time when the procession is to be held;
b
its route;
c
the number of persons likely to take part in it;
d
the arrangements for its control being made by the person proposing to hold it; and
e
the name and address of that person.
4
A F2local authoritymay, on application in accordance with subsection (5) below by a person proposing to hold a procession in public in their area
F10aa
if the procession is to be held to any extent in a National Park, intimated to the National Park authority for the National Park;
and
5
An application under subsection (4) above shall
F16a
set out the reason why notice of the proposal was not given in accordance with subsections (1) and (2) above
b
specify the matters mentioned in subsection (3) above,
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10
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F2211A
A local authority shall, as soon as possible after making an order under subsection (4) above, publicise that fact in such manner as they think fit and send a copy of the order to the applicant.
11B
This section does not apply to a procession—
a
which is a funeral procession organised by a funeral director acting in the ordinary course of his business; or
b
which is specified in, or is within a description specified in, an order made by the Scottish Ministers.
11C
In subsection (11B) above, a “funeral director” is a person whose business consists of or includes the arrangement and conduct of funerals.
11D
An order made for the purposes of subsection (11B)(b) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.