Public Procession Notifications - Representations
Aberdeenshire Council have set this page up to assist members of the public to provide representations in respect of live proposals for public processions within our area.
What is a public procession?
In Scotland, any moving event in a public space can be classed as a procession. This includes groups of people or vehicles moving together in an organised way, such as parades, marches or protests.
People have the right to organise a public procession under the Human Rights Act 1998.
What process must be followed?
Although people have a human right to organise a public procession, they must provide us with written notification of their proposal no later than 28 days before the date of their proposed procession.
The notice of proposal must specify the organiser's details, the date and time of the proposed procession, its proposed route, the likely number of participants and the organiser's arrangements for controlling this.
The notice of proposal is thereafter sent to the Chief Constable and our Roads Department for comment.
Details of the notification are also published on our licensing register so that members of the public are aware of the proposal received and to allow comments to be received.
The comments and any risks identified are considered alongside the human rights of the organiser to hold the procession, if it is deemed necessary then we may apply conditions in terms of the holding of the proposed procession, this though is generally a last resort.
On determination of the notification we issue confirmation of our position to the organiser and our licensing register will be updated to reflect this.
Please note that the rules differ when it comes to funeral processions conducted by funeral directors as no such notification process is required.
Where can I find details of the notifications which have been received?
Details of the notifications received can be found within the 'Live Notifications' section.
Further details in respect of the proposed procession can be found by clicking on the consultation and by following the link to our licensing register which provides details in respect of the proposed route and number of participants.
As a member of the public how do I make a representation?
This can be done via the representation form found at the foot of this page.
What information do I need to make a representation?
We require the following details:
- Your postcode and the name of the town which you live in.
We require the following details in respect of the procession which you would like to comment on:
- The name of the procession
- The reference number if known, .
Thereafter, you may provide us with your representations on the following grounds:
- Public safety.
- Public order.
- Risk of damage to property.
- Disruption of the life of the community (including: local business and traffic).
These represent the legal tests set out in the Civic Government (Scotland) Act 1982.
We are unable to take into account any comments which do not fall within these categories.
What happens to my representation?
If valid your representation will be considered by ourselves and taken into account as part of our consideration of the risks surrounding the proposed procession and whether any conditions ought to be applied. .
Your anonymised representation will also be shared with the organiser, relevant elected members, our partners and may also be published online as part of any required committee report in respect of the proposed procession.
How will I know if the procession has been confirmed?
Details will be published on our licensing register.
