Public Order Regulations, 2014

Date of assent: 
24 February 2014
Date of promulgation: 
26 February 2014
Date of commencement: 
26 February 2014
Issuing Authority: 
Minister of Home Affairs and Transport
In-force: 
Yes
Link to Related Consol Act: 

 

EDITORS' NOTE: The digital versions of legislation accessible through SeyLII are UNOFFICIAL and provided solely in the interests of increasing access to legal information.  Their currency and accuracy cannot be warranted.  Official versions of Seychelles legislation can only be obtained in hard copy from the Attorney-General’s Chambers, Department of Legal Affairs

 

PUBLIC ORDER ACT, 2013

SUBSIDIARY LEGISLATION: Section 35: Public Order Regulations, 2014

(26 February, 2014)

S.I. 17 of 2014

Citation

1.         These Regulations may be cited as the Public Order Regulations, 2014.

Interpretation

2.         In these regulations, unless the context otherwise requires –

“Act" means the Public Order Act; 2013 (Act 22 of 2013);

"Appeals Board" means the Public Order Appeals Board;

"Form" means a form as specified in the Schedule appended to these regulations;

"legal practitioner" has the meaning assigned to it under the Legal Practitioners Act (Cap 111);

"public meeting or public procession" includes a demonstration by one person referred to in section 7(3)(a)(i) of the Act.

Notice of intention

3.         (1) A notice of intention to hold a public meeting or public procession under section 7 of the Act shall be given to the Commissioner of Police in Form 1of the Schedule.

(2) A notice of intention to hold a public meeting or public procession received under subregulation (1) which is not in the prescribed form or incomplete, shall not be accepted as a valid notice for the purposes ofthe Act.

(3) The Commissioner of Police shall cause every notice, received under subregulation (1), to be entered in a register maintained for the purpose in Form 2 of the Schedule.

(4) Any person shall be entitled to search the index in the register and to have a copy of any entry in the register on payment of a fee of SCR25 towards charges for making copies thereof.

Form and manner of appeal

4.         (1) Any person aggrieved by the decision of the Commissioner of Police, on -the notice of intention to hold a public meeting or public procession, may make an appeal to the Appeals Board in Form 3 of the Schedule.

(2) The appeal shall be filed with the Appeals Board accompanied with a copy of the decision appealed against and shall contain all facts and dates necessary for the decision of the Appeals Board.

(3) The appeal shall be accompanied by as many copies as the Appeals Board may direct.

(4) The appellant shall pay to the Appeals Board a fee of SCR 100 along with the filing of appeal.

(5). Every appeal received under subregulation (1) shall be entered in a register maintained for the purpose in Form 4 of the Schedule.

(6) The Appeal Board shall cause the notice of appeal to be served on the Commissioner of Police and other.respondent, if any, as soon as is practicable.

(7). Any person shall be entitled to search the index in the register maintained by the Appeals Board and to have a copy of any entry in the register on payment of a fee of SCR25 towards charges for making copies thereof.

Practice and procedure before Appeals Board

5.         (1) A person may appear for himself or herself in person before the Appeals Board or through a legal practitioner duly authorised by him or her in an appeal.

(2) The legal practitioner appearing before the Appeals Board shall conduct himself or herself in a manner conforming to the disciplinary rules of the Supreme Court.

(3) Notice of any change of legal practitioner or representative shall be given promptly to the Appeals Board and to the other party.

(4) The Appeals Board may for cause deny or suspend the right of any person to appear before it.

(5) All documents filed with the Appeals Board, except exhibits and forms supplied by the Board, shall be printed or typewritten on one side only of plain white paper measuring eight and one-half by eleven inches with adequate margins and shall be clearly legible, and signed by the party or his or her legal practitioner.

(6) No document, including letters or other writings, shall be filed by a party with the Appeals Board unless service of a copy thereof is made on all parties together with the filing of proof of service.

(7) The Appeals Board shall maintain in each case file an official address record, which shall contain the names and addresses of all parties, and their attorneys or agents of record.

(8) Save as otherwise provided, the practice and procedure before the Appeals Board shall be as informal as possible, to the end that a final determination of the matter before it may be promptly reached and as far as practicable conform to the practice and procedure of the Supreme Court.

____________________

SCHEDULE

FORM 1

[Regulation 3(1)]

PUBLIC ORDER ACT, 2013

(Act 22 of 2013)

NOTICE OF INTENTION TO HOLD A PUBLIC MEETING OR PUBLIC PROCESSION UNDER SECTION 7 OF THE PUBLIC ORDER ACT, 2013 (Act 22 of2013)

I, ………………………..hereby give notice of intention to hold a public meeting or public procession as described below -

1. Name, address and occupation of Applicant:

2. Telephone No.:

3. Location, date and time of public meeting or public procession:

4. In case of the public procession, state the location, time of commencement and duration of any meeting to be held in conjunction with the public procession and the route, the places at which the procession will halt and the time it will remain stationary in each such place:

5. Number of persons likely to take part in public meeting or public procession:

6. Purpose of the public meeting or public procession:

7. Name, address and telephone number of the organiser of

the public meeting or public procession, and of a person responsible to act, if necessary in place of the organiser for the purposes of section 9(1)(b) of the Public Order Act, 2013:

8. Name of person responsible for arrangements for control of public meeting or public procession, and his or her contact number:

9. Other particulars prescribed under section 7(3)(b)(vii) and (viii) of the Public Order Act, 2013:

I hereby undertake to conduct the public meeting or public procession inpeaceful manner.

Verification

I, ………………….(Applicant's name) in the above notice/or/duly authorised agent do hereby declare that what is stated is true to the best of my knowledge and belief and nothing has been hidden thereunder.

Yours faithfully

Place

Signature of the Applicant:

Date:

Name: (IN BLOCK LETTERS)

To

The Commissioner of Police,

Seychelles

_________________________

FORM 2

[Regulation 3(3)]

PUBLIC ORDER ACT, 2013

(Act 22 of 2013)

REGISTER OF NOTICES OF INTENTION TO HOLD A PUBLIC MEETING OR PUBLIC PROCESSION UNDER SECTION 7 OF THE PUBLIC ORDER ACT, 2013 (Act 22 of 2013)

Serial No.

Date of receipt of notice

Name, address and occupation of Applicant

Date and time of proposed public meeting or public procession

Location of proposed public meeting or public procession

Brief description of notice

Decision taken by the Commissioner of Police and date of the decision

(1)

(2)

(3)

(4)

(5)

(6)

(7)

 

 

 

 

 

 

 

 

 

_______________________________

FORM 3

[Regulation 4(1)]

PUBLIC ORDER ACT, 2013

(Act 22 of 2013)

IN THE PUBLIC ORDER APPEALS BOARD

MEMORANDUM OF APPEAL UNDER SECTION 12(8) OF THE PUBLIC ORDER ACT, 2013 (Act 22 of 2013)

……………………….

……………………….

……………………….Appellant

(furnish here complete postal address)

Vs.

……………………….

……………………….

(mention here the name and address of respondent)

……………………….Respondent

Appeal No. …………… of 20……….

(1) The appellant above named being dissatisfied with the decision/order dated passed by the Commissioner of Police on the notice of intention to hold a public meeting/public procession under section 7 of the Public Order Act, 2013 on , hereby appeals to the Public Order Appeals Board on the grounds set out in paragraph (3) and seeks the relief set out in paragraph (4).

(2) The facts of the case are as follows:

(here briefly mention the facts of the case)

(3) The grounds on which the appellant relies for the purpose of this Appeal are as below:

(here mention the grounds on which the appeal is made)

(4) In the light of what is stated above the appellant respectfully submits that the decision/order of the Commissioner of Police is ……………………………………., consequently praise that it be set aside/varied in the following manner:

(here mention the manner in which the objections are made)

(5) The amount of SCR100 as fee for this Appeal has been paid to Treasury vide receipt No. ………… dated …………...

Verification

I, (Appellant's name) in the above Memorandum of Appeal/or/duly authorised agent do hereby declare that what is stated is true to the best of my knowledge and belief and nothing has been hidden thereunder.

Place

Signature of the Appellant:

Date:

Name:

Occupation:

Address:

_______________________________

FORM 4

[Regulation 4(5)]

PUBLIC ORDER ACT, 2013

(Act 22 of 2013)

REGISTER OF APPEALS MADE UNDER SECTION 12(8) OF THE PUBLIC ORDER ACT, 2013 (Act 22 of 2013) AGAINST DECISION OF THE COMMISSIONER OF POLICE

Appeal No.

Date of receipt of Appeal

Name, address and occupation of Appellant

Date of decision appealed against

Name, address and occupation of Respondent

Brief description of Appeal

Decision taken by the Appeals Board and date of the decision

(1)

(2)

(3)

(4)

(5)

(6)

(7)

 

 

 

 

 

 

 

 

 

________________________