Office of Public Sector Information

Sections 3, 4 and 5.

SCHEDULE 2 Provisions relating to code of conduct, procedural rules and guidelines

Interpretation

1 In this Schedule “relevant instrument” means—

(a) the Code of Conduct;

(b) the procedural rules;

(c) the guidelines.

The first issue of relevant instruments

2 As soon as practicable after it is established, the Commission shall—

(a) prepare a draft of each relevant instrument;

(b) submit the draft to the Secretary of State; and

(c) make such modifications to the draft as the Secretary of State, after consultation with the Commission, may require.

3 The Commission shall then send the draft of each relevant instrument to the Secretary of State who shall lay the draft before each House of Parliament.

4 A relevant instrument laid before Parliament in draft under paragraph 3 shall not come into operation except in accordance with an order made by the Secretary of State.

Revision of a relevant instrument

5 Where the Commission proposes to revise a relevant instrument, it shall prepare and publish a draft of the revised instrument, shall consider any representations made to it about the draft and may modify the draft accordingly.

6 After complying with paragraph 5, the Commission shall submit the draft of the revised relevant instrument to the Secretary of State and make such modifications to it as the Secretary of State, after consultation with the Commission, may require.

7 The Commission shall then send the draft of the revised relevant instrument to the Secretary of State who shall lay the draft before each House of Parliament.

8 A revised relevant instrument laid before Parliament in draft under paragraph 7 shall not come into operation except in accordance with an order made by the Secretary of State.

Admissibility of relevant instruments

9 A relevant instrument shall be admissible in evidence in civil and criminal proceedings; and if any provision of the instrument appears to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.

Section 18(1).

SCHEDULE 3 Amendments

The House of Commons Disqualification Act 1975 (c. 24)

1 In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 there shall be inserted at the appropriate place— “The Parades Commission for Northern Ireland.”.

The Northern Ireland Assembly (Disqualification) Act 1975 (c. 25)

2 In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 there shall be inserted at the appropriate place— “The Parades Commission for Northern Ireland.”.

The Public Order (Northern Ireland) Order 1987 (NI 7)

3 (1) The Public Order (Northern Ireland) Order 1987 shall be amended as follows.

(2) In Article 4(3) for “paragraphs (1) and (2)” there shall be substituted “paragraph (2)” and for “a procession or” (wherever occurring) there shall be substituted “an”.

(3) In Article 4(6) for the words from “liable” to the end there shall be substituted the words “liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.”.

(4) In Article 5(1)(a) for “paragraphs (1) and (2)” there shall be substituted “paragraph (2)”.

(5) In Article 5(1) for sub-paragraphs (A) and (B) there shall be substituted—

“(A) prohibiting the holding in that area or place of an open-air public meeting specified in the order;

(B) prohibiting, for such period not exceeding 28 days as may be specified in the order, the holding in that area or place of any open-air public meeting of such class or description as may be so specified; or

(C) prohibiting, for such period not exceeding 28 days as may be specified in the order, the holding in that area or place of all open-air public meetings.”.

(6) In Article 5 after paragraph (1) there shall be inserted—

“(1A) An order under paragraph (1)(B) or (C) may exempt any open-air public meeting, or any class or description of open-air public meeting, specified in the order.”.

(7) In Article 5(5) for “a public procession or” (wherever occurring) there shall be substituted “an”.

(8) In Article 5(6) for the words from “liable” to the end there shall be substituted the words “liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.”.

(9) In Article 24(3) for “Article 7(1) or (2)” there shall be substituted “Article 7(2)”.