Public Order Act 2009

Public Order Act 2009 2020 REVISED EDITION This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021 An Act to regulate assemblies and processions in public places, to provide powers necessary for preserving public order and the safety of individuals at special event areas, to supplement other laws relating to the preservation and maintenance of public order in public places. [9 October 2009] PART 1 PRELIMINARY Short title 1. This Act is the Public Order Act 2009. General interpretation 2.—(1) In this Act, unless the context otherwise requires — “act of terrorism” means any of the following: (a) a terrorist bombing offence within the meaning of the Terrorism (Suppression of Bombings) Act 2007; (b) a terrorist act within the meaning of the Terrorism (Suppression of Financing) Act 2002; “assembly” means a gathering or meeting (whether or not comprising any lecture, talk, address, debate or discussion) of persons the purpose (or one of the purposes) of which is — (a) to demonstrate support for or opposition to the views or actions of any person, group of persons or any government; (b) to publicise a cause or campaign; or (c) to mark or commemorate any event, and includes a demonstration by a person alone for any purpose mentioned in paragraph (a), (b) or (c); “authorised officer”, in relation to any provision in this Act or the regulations, means any police officer authorised in that behalf by the Commissioner for the purposes of that provision; “Commissioner” means the Commissioner of Police appointed under the Police Force Act 2004; “copy”, in relation to a film, means any article or thing in which the visual images or sounds comprising the film are embodied; “declaration” means a declaration made by — (a) the Commissioner under section 21; or (b) the Minister under section 21 read with section 21A, as the case may be; “enhanced security special event” means a special event that is the subject of a declaration made by the Minister; “event” includes any rehearsal, sound and light testing and other ancillary activities necessary and incidental to an event; “event organiser”, for an event, means a person who is responsible (whether fully or substantially) for the organisation and holding of the event and the receipt of revenue from the event, if any; “permit” means a permit granted under section 7 in respect of a public assembly or public procession; “place” includes any motor vehicle, train, vessel, aircraft or other conveyance; “procession” means a march, parade or other procession, whether or not involving the use of vehicles or other conveyances — (a) comprising 2 or more persons gathered at a place of assembly to move from that place substantially as a body of persons in succession proceeding by a common route or routes; and (b) the purpose (or one of the purposes) of which is — (i) to demonstrate support for or opposition to the views or actions of any person, group of persons or any government; (ii) to publicise a cause or campaign; or (iii) to mark or commemorate any event, and includes any assembly held in conjunction with such procession, and a march by a person alone for any purpose mentioned in paragraph (b)(i), (ii) or (iii); “prohibited area” means any area that is specified in an order made under section 12; “public assembly” means an assembly held or to be held in a public place or to which members of the public in general are invited, induced or permitted to attend; “public place” means — (a) any place (open to the air or otherwise) to which members of the public have access as of right or by virtue of express or implied permission, whether or not on payment of a fee, whether or not access to the place may be restricted at particular times or for particular purposes, and whether or not it is an “approved place” within the meaning of the Public Entertainments Act 1958; or (b) a part of a place that the occupier of the place allows members of the public to enter, but only while the place is ordinarily open to members of the public; “public procession” means a procession in, to or from a public place; “regulated place” means any place to which Part 4 applies; “security officer” means an individual who is a licensed security officer within the meaning of the Private Security Industry Act 2007; “special event” means an event declared by the Commissioner or the Minister (as the case may be) to be a special event; “special event area”, in relation to a special event, means, for the period the declaration by the Commissioner or the Minister (as the case may be) for the event is in force — (a) the place or places stated in the declaration as the location or locations at which the event is or is to be; and (b) any place reasonably incidental to the holding of the event; “unrestricted area” means a public place specified in an order made under section 14. [23/2017; 28/2017] (2) Any reference in this Act to an assembly or a procession that is unlawful under Part 2 is a reference to an assembly or a procession — (a) in respect of which no permit has been granted under section 7 or no such permit is in force; (b) which is held — (i) on a date or at a time which differs from the date or time specified in relation to the assembly or procession in the notice given under section 6; or (ii) in the case of a procession, along a route which differs from the route specified in relation to the procession in the notice given under section 6; (c) which is not in compliance with any requirement imposed by section 8(1) or any condition imposed under section 8(2) on organisers or persons taking part in that assembly or procession; (d) which is held within a prohibited area and the holding thereof is prohibited by an order under section 12(1); (e) the holding of which is prohibited by an order or a notification under section 13(1) or (2); or (f) which is held within an unrestricted area and the holding thereof is not in accordance with any condition that applies by virtue of section 14 to the organising or taking part in the assembly or procession. Meanings of “organising” and “taking part in” 3.—(1) In this Act, a reference to a person organising an assembly or a procession is a reference to a person who is responsible for holding, convening, forming or collecting the assembly or procession, and includes — (a) any person who assists or promotes the holding, convening, forming or collecting of any assembly or procession; and (b) where any person will receive revenue from the sale (if any) of tickets to the assembly or procession, that person, but does not include a person carrying on a demonstration by himself or herself or marching alone. (2) A reference to a person or persons taking part in an assembly or a procession includes (as the case may be) a person carrying on a demonstration by himself or herself, or a march by a person alone, for any purpose mentioned in the definitions of an assembly and a procession, respectively, in section 2(1). Commissioner and authorised officers 4.—(1) The Commissioner is, subject to any general or special directions of the Minister, responsible for the administration of this Act and may perform the duties that are imposed and may exercise the powers that are conferred upon the Commissioner by this Act. (2) The Minister may give the Commissioner directions of a general character, and not inconsistent with the provisions of this Act, as to the exercise of the powers and discretions conferred on the Commissioner by, and the duties required to be discharged by the Commissioner under, this Act; and the Commissioner must give effect to the directions given. (3) The Commissioner may delegate the exercise of all or any of the powers conferred or duties imposed upon the Commissioner by this Act (except the power of delegation conferred by this subsection) to any authorised officer, subject to the conditions or limitations that are set out in this Act or that the Commissioner may specify by directions; and any reference in this Act to the Commissioner includes a reference to such an authorised officer. (4) In exercising any powers or duties under a delegation under subsection (3), an authorised officer must comply with any direction of the Commissioner.