Police Reform and Social Responsibility Act 2011 Explanatory Notes

Section 143: Prohibited activities in controlled area of Parliament Square

379.Subsection (1) gives a constable or authorised officer the power to direct a person to stop doing, or not to start doing, a prohibited activity which he reasonably believes a person is doing, or is about to do, in the controlled area.

380.Subsection (2) (a) to (e) sets out the prohibited activities in relation to the controlled area as follows:

a.

operating any amplified noise equipment;

b.

erecting or keeping erected any tent, or any other structure designed or adapted for the purpose of facilitating sleeping or staying in a place for any period;

c.

using any tent or other such structure for the purpose of sleeping or staying in the area;

d.

placing or keeping in place any sleeping equipment with a view to its use for the purpose of sleeping overnight in the area;

e.

using any sleeping equipment for the purpose of sleeping overnight in the area.

381.Subsection (3) sets out express exceptions so that an activity is not a prohibited activity if it is done for emergency services purposes or done by or on behalf of a relevant authority (meaning a Minister of the Crown or a government department, the Greater London Authority or Westminster City Council); or where the Greater London Authority or Westminster City Council authorise a person to operate amplified noise equipment.

382.This definition of a prohibited activity applies to the entire Part. Therefore any time that the use of amplified noise equipment has been authorised, it is not a prohibited activity.

383.Subsections (4), (5) and (7) define “amplified noise equipment”, “relevant authority” and “sleeping equipment”.

384.Subsection (6) makes it clear that tents or other structures erected in the controlled area before these provisions come into force, or sleeping equipment placed in the controlled area before these provisions come into force, are covered by these provisions.

385.Subsection (8) sets out the offence and penalty for a person who fails, without reasonable excuse, to comply with a direction.

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