Page:Public Order Act 2009.pdf/34

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PUBLIC ORDER
35


Saving of operation of Part II

33. Notwithstanding anything in Part II, no public assembly and no public procession of any class or description (whether or not exempted from section 5 under section 46, and whether or not excluded from any prohibition under section 12(2)) shall take place within any special event area for such period as the declaration relating to the special event area is in force unless the Commissioner is notified under section 6 of the intention to hold the public assembly or public procession, and a permit is granted under section 7 in respect of that public assembly or public procession, as the case may be; and the provisions of Part II shall apply to such a public assembly and public procession.

PART IV
POWERS TO PRESERVE AND MAINTAIN PUBLIC ORDER

Application of this Part

34.—(1) This Part shall apply in relation to the following places (referred to in this Act as regulated places):

(a) all public places; and
(b) such other places that are prescribed,

and in this section, "place" includes an area.

(2) This Part shall not apply to any assembly or procession that is not unlawful under Part II.

When power applies to behaviour

35.—(1) Subject to this section, a police officer may exercise a power under section 36 in relation to any person at or near a regulated place if a police officer reasonably suspects the person’s behaviour—

(a) is or has been interfering with trade or business at the place by obstructing, hindering or impeding someone entering, at or leaving the place;
(b) is or has been disorderly, indecent, offensive, or threatening to someone entering, at or leaving the place;
(c) is or has been disrupting the peaceable and orderly conduct of any event, entertainment or gathering at the place; or