Control of Pollution Act 1974

62 Noise in streets. E+W

(1) Subject to the provisions of this section, a loudspeaker in a street shall not be operated—

(a) between the hours of nine in the evening and eight in the following morning, for any purpose;

(b) At any other time, for the purpose of advertising any entertainment, trade or business;

and any person who operates or permits the operation of a loudspeaker in contravention of this subsection shall be guilty of an offence against this Part of this Act.

• [F1 In this section]“street” means a highway and any other road, footway, square or court which is for the time being open to the public.

[F2 (1A) Subject to subsection (1B) of this section, the Secretary of State may by order amend the times specified in subsection (1)(a) of this section.

(1B) An order under subsection (1A) of this section shall not amend the times so as to permit the operation of a loudspeaker in a street at any time between the hours of nine in the evening and eight in the following morning.]

(2) [F3 Subsection (1) of this section] shall not apply to the operation of a loudspeaker—

(a) for police, fire brigade or ambulance purposes, by [F4 the [F5 Environment Agency], a water undertaker or a sewerage undertaker] in the exercise of any of its functions, or by a local authority within its area;

(b) for communicating with persons on a vessel for the purpose of directing the movement of that or any other vessel;

(c) if the loudspeaker forms part of a public telephone system;

(d) if the loudspeaker—

(i) is in or fixed to a vehicle, and

(ii) is operated solely for the entertainment of or for communicating with the driver or a passenger of the vehicle or, where the loudspeaker is or forms part of the horn or similar warning instrument of the vehicle, solely for giving warning to other traffic, and

(iii) is so operated as not to give reasonable cause for annoyance to persons in the vicinity;

(e) otherwise than on a highway , by persons employed in connection with a transport undertaking used by the public in a case where the loudspeaker is operated solely for making announcements to passengers or prospective passengers or to other persons so employed;

(f) by a travelling showman on land which is being used for the purposes of a pleasure fair;

(g) in case of emergency.

(3) Subsection (1)(b) of this section shall not apply to the operation of a loudspeaker between the hours of noon and seven in the evening on the same day if the loudspeaker—

(a) is fixed to a vehicle which is being used for the conveyance of a perishable commodity for human consumption; and

(b) is operated solely for informing members of the public (otherwise than by means of words) that the commodity is on sale from the vehicle; and

(c) is so operated as not to give reasonable cause for annoyance to persons in the vicinity.

[F6 (3A) Subsection (1) of this section shall not apply to the operation of a loudspeaker in accordance with a consent granted by a local authority under Schedule 2 to the Noise and Statutory Nuisance Act 1993.]

(4) An offence under this section in Scotland may be prosecuted in any court of summary jurisdiction within the meaning of the M1 Summary Jurisdiction (Scotland) Act 1954 having jurisdiction in the place where the offence was committed.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.

Amendments (Textual)

F1 Words in s. 62(1) substituted (E.W.) (1.5.1994) by 1993 c. 40, ss. 7, 12(1).

F2 S.62(1A)(1B) inserted (E.W.) (5.1.1994) by 1993 c. 40, ss. 7(3)(6), 12(1).

F3 Words in s. 62(2) substituted (5.1.1994) by 1993 c. 40, ss. 7(4), 12(1).

F4 Words in s. 62(2)(a) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 48(7), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F5 Words in s. 62(2)(a) substituted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 28 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F6 S. 62(3A) inserted (5.1.1994) by 1993 c. 40, ss. 7(5), 12(1).

Modifications etc. (not altering text)

C4 S. 69(1) power to exclude conferred (5.1.1994) by 1993 c. 40, ss. 8, 12(1), Sch. 2 para. 1(1)

Marginal Citations

M1 1954 c. 48.

62 Noise in streets. S

(1) Subject to the provisions of this section, a loudspeaker in a [F7 road] shall not be operated—

(a) between the hours of nine in the evening and eight in the following morning, for any purpose;

(b) At any other time, for the purpose of advertising any entertainment, trade or business;

and any person who operates or permits the operation of a loudspeaker in contravention of this subsection shall be guilty of an offence against this Part of this Act.

. . . F8

[F9 (1A) Subject to subsection (1B) of this section, the Secretary of State may by order amend the times specified in subsection (1)(a) of this section.

(1B) An order under subsection (1A) of this section shall not amend the times so as to permit the operation of a loudspeaker in a road at any time between the hours of nine in the evening and eight in the following morning.]

(2) [F10 Subsection (1) of this section] shall not apply to the operation of a loudspeaker—

(a) for police, fire brigade or ambulance purposes, by a water authority [F11 (“water authority” being construed in accordance with section 62 of the Local Government etc. (Scotland) Act 1994)] in the exercise of any of its functions, or by a local authority within its area;

(b) for communicating with persons on a vessel for the purpose of directing the movement of that or any other vessel;

(c) if the loudspeaker forms part of a public telephone system;

(d) if the loudspeaker—

(i) is in or fixed to a vehicle, and

(ii) is operated solely for the entertainment of or for communicating with the driver or a passenger of the vehicle or, where the loudspeaker is or forms part of the horn or similar warning instrument of the vehicle, solely for giving warning to other traffic, and

(iii) is so operated as not to give reasonable cause for annoyance to persons in the vicinity;

(e) otherwise than on a [F12 public road (within the meaning of the Roads (Scotland) Act 1984)], by persons employed in connection with a transport undertaking used by the public in a case where the loudspeaker is operated solely for making announcements to passengers or prospective passengers or to other persons so employed;

(f) by a travelling showman on land which is being used for the purposes of a pleasure fair;

(g) in case of emergency.

(3) Subsection (1)(b) of this section shall not apply to the operation of a loudspeaker between the hours of noon and seven in the evening on the same day if the loudspeaker—

(a) is fixed to a vehicle which is being used for the conveyance of a perishable commodity for human consumption; and

(b) is operated solely for informing members of the public (otherwise than by means of words) that the commodity is on sale from the vehicle; and

(c) is so operated as not to give reasonable cause for annoyance to persons in the vicinity.

[F13 (3A) Subsection (1) of this section shall not apply to the operation of a loudspeaker in accordance with a consent granted by a local authority under Schedule 2 to the Noise and Statutory Nuisance Act 1993.]

(4) An offence under this section in Scotland may be prosecuted in any court of summary jurisdiction within the meaning of the M2 Summary Jurisdiction (Scotland) Act 1954 having jurisdiction in the place where the offence was committed.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Amendments (Textual)

F7 Word in s. 62(1) substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1) Sch. 9 para. 74(5)(a)(i)

F8 Words repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 74(5)(a)(ii), Sch. 11

F9 S. 62(1A)(1B) inserted (S.) (5.1.1994) by 1993 c. 40, ss. 7(3)(6), 12(1).

F10 Words in s. 62(2) substituted (5.1.1994) by 1993 c. 40, ss. 7(4), 12(1).

F11 Words in s. 62(2)(a) inserted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 95(6); S.I. 1996/323, art. 4(c)

F12 Words in s. 62(2)(e) subtituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 74(5)(b)

F13 S. 62(3A) inserted (5.1.1994) by 1993 c. 40, ss. 7(5), 12(1).

Modifications etc. (not altering text)

C5 S. 62(1): power to exclude conferred (5.1.1994) by 1993 c. 40, ss. 8, 12(1), Sch. 2 para. 1(1)

Marginal Citations

M2 1954 c. 48.