C1C2C3C6C8C10C13C12C7C9C11Part III Noise

Annotations:
Modifications etc. (not altering text)
C2

Pt. III (except ss. 70(2)(3)(5), 71(1)): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2

Pt. III (except ss. 70(2)(3)(5), 71(1)) modified (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2

C3

Pt. III (except ss. 70(2)(3)(5), 71(1)): certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8(1)(3), Sch. 2

Pt. III (except ss. 70(2)(3)(5), 71(1)) modified (10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2

C8

Pt. III modified in part (E.) (6.4.2010) by The Bristol Port Health Authority Order 2010 (S.I. 2010/1214), arts. 1, 4, Sch.

C7

Pt. III applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2

C9

Pt. III functions transferred and modified (E.) (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2

C11

Pt. III functions transferred and modified (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))

Noise in streets

E262 Noise in streets.

C51

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.

F7In this section “street” means a highway and any other road, footway, square or court which is for the time being open to the public.

F81A

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

F9Subsection (1) of this section shall not apply to the operation of a loudspeaker—

a

for police, F20fire and rescue authority or ambulance purposes F18or for purposes relating to the functions of Ministry of Defence fire-fighters (as defined in section 16 of the Armed Forces Act 2016), by F10the F11Environment Agency, F16the Natural Resources Body for Wales, 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.

F123A

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 M2Summary Jurisdiction (Scotland) Act 1954 having jurisdiction in the place where the offence was committed.

E162 Noise in streets.

C41

Subject to the provisions of this section, a loudspeaker in a F1road 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.

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31A

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

F4Subsection (1) of this section shall not apply to the operation of a loudspeaker—

a

for police F17... or ambulance purposes F18or for purposes relating to the functions of Ministry of Defence fire-fighters (as defined in section 16 of the Armed Forces Act 2016), F13for or in connection with the exercise of any function of F15the Scottish Fire and Rescue Service, by F14Scottish Water in the exercise of any of its F19core functions (within the meaning of section 70(2) of the Water Industry (Scotland) Act 2002) (asp 3), 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 F5public 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.

F63A

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 M1Summary Jurisdiction (Scotland) Act 1954 having jurisdiction in the place where the offence was committed.