xmlns:atom="http://www.w3.org/2005/Atom"

Part IVMiscellaneous

23Audible intruder alarms

(1)As from the appointed day in a borough—

(a)the owner or occupier of premises in the borough who installs an audible intruder alarm for use on or in those premises, shall—

(i)ensure that the alarm is fitted with a device as specified in subsection (3) below;

(ii)notify the police of the names and addresses of nominated key-holders;

(iii)within 48 hours of the installation of the audible intruder alarm notify the council of the installation; and

(iv)inform the council of the address of the police station to which notification has been given under paragraph (ii) above.

(b)a person who becomes the owner or occupier of premises in the borough in which there is installed an audible intruder alarm for use on or in those premises, shall not permit the operation of the alarm unless—

(i)it is fitted with a device as specified in subsection (3) below;

(ii)he has notified the police of the names and addresses of nominated key-holders; and

(iii)he has informed the council of the address of the police station to which notification has been given under paragraph (ii) above.

(2)As from the second appointed day in a borough, the occupier of premises on or in which an audible intruder alarm has been installed shall not permit the operation of the alarm—

(a)unless it is fitted with a device as specified in subsection (3) below; and

(b)unless the police have been notified of the names and addresses of nominated key-holders.

(3)A device required by subsections (1) and (2) above is a device of such specifications as the council may reasonably determine to prevent the alarm operating audibly to persons living or working near the premises for more than 20 minutes after it is activated.

(4)Where one of the nominated key-holders whose names and addresses were notified to the police under subsection (1) or (2) above or this subsection ceases to hold keys sufficient to obtain access to the premises, the occupier shall notify the police of the name and address of another nominated key-holder.

(5)The requirement to notify the police under this section shall be satisfied if notice in writing is given to the police at any local police station in the borough.

(6)A person who without reasonable excuse contravenes subsection (1), (2) or (4) above shall be guilty of an offence and liable on summary conviction in the case of a contravention of subsection (1) (a) (i) or (2) (a), to a fine not exceeding level 5 on the standard scale, in the case of a contravention of subsection (1) (b) (i), to a fine not exceeding level 4 on the standard scale and in any other case to a fine not exceeding level 2 on the standard scale.

(7)If it is shown to the satisfaction of a justice of the peace in respect of premises in a borough—

(a)that an audible intruder alarm is operating more than one hour after it was activated; and

(b)that steps have been taken to obtain access to the premises with the assistance of the persons whose names and addresses have been notified under subsection (1), (2) or (4) above and access has not been obtained, or that no such persons have been notified under those subsections; and

(c)that the operation of the audible intruder alarm is causing annoyance to persons living or working near the premises;the justice may by warrant authorise an authorised officer to enter the premises if need be by force and taking with him such other persons and such equipment as may be necessary to de-activate the alarm.

(8)An authorised officer shall not enter premises under this section unless he is accompanied by a constable.

(9)An authorised officer who enters premises under this section shall not cause more than the minimum amount of damage and disturbance necessary to effect an entry and to de-activate the alarm.

(10)An authorised officer who has de-activated an alarm under this section shall—

(a)if reasonably practicable, re-set the alarm; and

(b)leave the premises in other respects, so far as reasonably practicable, as effectively secured against trespassers as he found them.

(11)A warrant issued in pursuance of this section shall continue in force until the purpose for which the entry is required has been satisfied.

(12)In this section, where premises comprise a building which is being erected, constructed, altered, improved, maintained, cleaned or repaired, the occupier does not include a person whose occupancy is in connection with the erection, construction, alteration, improvement, maintenance, cleaning or repair and whose occupancy is by virtue of a licence for less than four weeks.

(13)Nothing in this section applies to an audible intruder alarm installed in a motor vehicle.

(14)In this section the second appointed day in any borough shall not be less than six months after the day appointed by the council of that borough under subsection (1) above.

(15)In this section “nominated key-holders” means either—

(a)two persons, other than the occupier, who hold keys sufficient to obtain access to the premises in question; or

(b)a company whose business consists of or includes the service of holding keys for the occupiers of premises, which is available to be contacted at any time and which holds keys sufficient to obtain access to the premises in question.