Am I right in my understanding that, according to the present proposal in the Nottinghamshire County Council Bill, the code of practice would not have the force of law because it is not a schedule to the legislation, but that it could be treated as such? The only example that I have found was given to me by a senior police officer. It relates to the guidelines for organising juvenile jazz band parades, and it is four pages long. Paragraph 4 of the guidelines says:
You must discuss your proposed route with the Police as they are aware of the current road hazards for that area, so you should make an appointment for this purpose. Unless prior consent is obtained no parade can take place.
Is not that an example of a guideline from the chief
constable that is at variance with existing law? Even if the Bill were enacted in its present form, the clause would include a fine for not notifying the police, although of itself it does not ban the procession from taking place. These guidelines, which are the only example that I can find, actually say that unless prior consent can be obtained,
no parade can take place".
In my opinion, that is wrong.