DOZENS of street marches across Scotland – including many run by the Orange Order – face being cancelled as the police acts on fresh legal advice that is likely to hike the cost of parades.

Road closures for Orange marches, other political, religious or cultural parades and events, have in the past been arranged informally where necessary between the police and the relevant council.

But Police Scotland has now been warned that officers lack the power to divert or hold up traffic without a court order – unless responding to an emergency.

A paper, to be presented to the Scottish Police Authority’s (SPA) policing committee next week, warns that adhering to the new legal advice will inevitably entail costs for councils.

These are likely to be passed on, at least in part, to event organisers, the paper says, with the effect smaller events may be unable to go ahead.

“Adopting a robust stance in relation to counsel opinion may result in local community events being affected due to them being less viable,” the document warns.

The previous “disparate” approach to road closures – achieved by applying for a Temporary Traffic Regulation Orders (TTROs) – was called into question in a report in October 2016 by Dr Michael Rosie of Edinburgh University, whose independent report on marches, parades and demonstrations found the vast majority of events are well-organised, carefully planned, and well-stewarded.

However the report also recommended Police Scotland seek urgent legal clarification about the force’s involvement where marches or parades necessitate road closures.

The briefing for the policing committee of the SPA by assistant chief constable Bernard Higgins says that advice became available in April.

He explains: “Counsel’s opinion is that police officers have no power to close roads or restrict traffic flow at pre-planned events... If a roads authority believe restrictions are required, a Temporary Traffic Regulation Order should be obtained.”

Such court orders have rarely previously been insisted on but without a court order Police have very limited powers, and can close roads only in “extraordinary circumstances” or where there is an “immediate risk to the safety of the public”. Neither would normally apply to pre-planned events, the paper says, and ad-hoc arrangements will stop.

“[This] step away from previous informal arrangements and move to a corporate position based on legal opinion will have significant impact,” ACC Higgins admits.

Seeking court orders will be costly, he will tell the committee at its meeting on Tuesday, and cash-strapped councils are likely to insist on passing on the cost. “Implementation of a TTRO comes with additional costs … while it is within the gift of a local authority to absorb the costs of TTROs it is most likely costs will be borne by event organisers and as such may make small community events less viable,” said ACC Higgins.

The briefing says a hardening of policy will affect communities, event organisers, councils, the Scottish Government, and Police Scotland.

ACC Higgins urges the SPA to take a “robust stance” in relation to implementing the legal opinion. It must do so, he says, “or risk compromising event commanders and individual officers by expecting them to undertake duties for which there is no legal basis.” However the report says a robust approach may in itself face legal challenge.

He said officers could not continue to act without lawful authority.

Talks have already taken place between Superintendent Andrew Clark – Police Scotland’s head of event planning – the government, Transport Scotland, Event Scotland, councils and local events ‘industry’ reps.

The timing of court orders is not discussed in his report but will also place additional demands on organisers. Dr Rosie’s report noted that TTROs can take weeks to secure. “That policy seems in direct conflict with existing legislation, that requires only that march organisers give 28 days notice to the local council and to police,” it said.

A COSLA Spokesperson said: “We will need to fully consider some of the implications around what is obviously a complex matter.”