Part 3: Public order Section 79: Imposing conditions on one-person protests
Subsection (1) amends the 1986 Act by inserting new section 14ZA, which will allow for the imposing of conditions on a person organising or carrying on one-person protests where it is reasonably believed that the noise generated by the protest may have a significant relevant impact on persons in its vicinity or that such noise may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the one-person protest.
	New section 14ZA(1) to (3) set out the circumstances in which conditions can be imposed on a person organizing or carrying on one-person protests. Where a senior police officer reasonably believes, having had regard to various factors, that the noise generated by a one-person protest may have a relevant impact on persons in its vicinity or may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the one-person protest, the senior police officer may give directions imposing on the person organising or carrying on the protest such conditions as appear to them necessary to prevent such disruption or impact.
	New section 14ZA(4) and (5) provide the definition of "one-person protest" and "the senior police officer". "One-person protest" means a protest carried on by one person in a public place; "the senior police officer" means in relation to a one-person protest being held, the most senior in rank of the police officers present at the scene, and in relation to a one-person protest intended to be held, the chief officer of police.
	New section 14ZA(6) makes provision about "serious disruption to the activities of an organisation" such that it includes where the noise generated by a one person protest can reasonably prevent persons associated with the organisation in question from carrying out their activities.
	New section 14ZA(7) and (8) provide for a two-stage test of what is a significant relevant impact on persons in the vicinity. The relevant impacts are where the noise generated may result in intimidation or harassment of persons of reasonable firmness with the characteristics of persons likely to be in the vicinity, or it may cause such persons to suffer alarm or distress. When considering whether the relevant impact is significant, the senior police officer must have regard to the likely number of persons in its vicinity who may experience any of the relevant impacts, the likely duration of that impact on such persons, and the likely intensity of that impact on such persons.
	New section 14ZA(9) provides that any directions given by a chief officer by virtue of subsection (5)(b) must be done so in writing.
	New section 14ZA(10) sets out where a person is guilty of breaching a condition imposed under subsection (2).
	New section 14ZA(11) provides the defence of proving that the breach of the condition arose from circumstances beyond their control as it is in section 12 of the 1986 Act, for public processions, and section 14 of the 1986 Act, for public assemblies.
	New section 14ZA(12) makes it an offence to incite someone to commit an offence under subsection (9).
	New section 14ZA(13) and (14) set the maximum penalty for the offence in subsection (10) as a fine not exceeding level 4 on the standard scale, and subsection (12) as imprisonment for a term not exceeding 51 weeks or a fine not exceeding level 4 on the standard scale or both.
	New section 14ZA(15) provides that the penalty under subsection (14) for the offence under subsection (12) is to be read as 6 months instead of 51 weeks if the offence has been committed before the increase in magistrates’ courts sentencing powers provided for in the CJA 2003 come into force.
	New section14ZA (16) to (19) provide the Secretary of State with a power by regulations to amend subsection (6) to make provision about the meaning of "serious disruption to the activities of an organisation which are carried on in the vicinity of a one-person" for the purposes of new section 14ZA of the 1986 Act.
	Subsection (2) places a duty on the Secretary of State to prepare and publish a report on the operation of new section 14ZA of the 1986 Act as inserted by this section; such a report must be published and laid before Parliament within two years of the commencement of section 79.