Wednesday, June 01, 2005

Dispersal Orders - Home Office Official Guidelines about use

Home Office Circular Number 004 / 2004

Re: Home Office Guidelines on Dispersal Orders ... this provides a suitable guide for the provisions of the act and people who may need to use the provisions of Section 4 covering Dispersal Orders. provision of such handy guides for new legilsation is standard.

.....Publicity for the authorisation

9. Once agreement on an authorisation has been obtained, an authorisation notice must be produced and publicised. The authorisation notice must specify the relevant locality to which it applies, the grounds on which the authorisation has been given and the period when the power to disperse is exercisable. Before the authorisation comes into force, the authorisation notice must be published in a newspaper which is circulated in the relevant locality and/or posted in a conspicuous place or places within the relevant locality.

There are now, nor ever have been, – as far as I can ascertain – such notices posted in Norden. There was a talking lamp post near the War Memorial, which is now (thankfully) silent. It appears that failure to post notices as required could negate the effect of the orders if challenged by someone arrested by the Police, for breach of the Order.

I have consulted the Home Office on this matter.

To some people this reflects the cavalier attitude by RMBC to undertake measures of social control without taking care to meet all the requirements of the appropriate legislation. You can express any vies you may have by e-mail to RMBC via lee.durrant@rochdale.gov.uk

It would establish good practice that such notices are produced in a weather proof form and posted at the extremities of the Dispersal area with an appropriate map. Eg Notice posted by RMBC announcing closure of Woodbine Lane at Turners Asbestos graveyard in Spotland. It is not a new (or expensive) policy to produce such lamp post attached notices by the Planning Department. Certainly at less cost and immeasurably less aggravation than talking lamposts.

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