(1) Without prejudice to section 39, it shall be unlawful for one or more persons acting on his or their behalf or on behalf of a trade union or of an employer in furtherance of a trade dispute to attend at or near any place:
Provided that it shall not be unlawful for one or more workmen to attend at or near the place where the workman works and where a trade dispute involving such workman exists only for the purpose of peacefully-and subject to such attendance being not in such numbers or otherwise in such manner as to be calculated-
(i) obtaining or communicating information; or
(ii) persuading or inducing any workman to work or abstain from working,
(a) to intimidate any person;
(b) to obstruct the approach thereto or egress therefrom; or
(c) to lead to a breach of the peace....
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