Part IV

Offences, Powers of Constables, etc.

Offences of annoying, offensive, obstructive or dangerous behaviour

Playing instruments, singing, playing radios, etc.
54
1
Any person who—
a
sounds or plays any musical instrument;
b
sings or performs; or
c
operates any radio or television receiver, record player, tape-recorder or other sound producing device
so as to give any other person reasonable cause for annoyance and fails to desist on being required to do so by a constable in uniform, shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £50.
2
This section is without prejudice to any offence under section 62 of the Control of Pollution Act 1974 (operation of loudspeakers in streets).
2A
Where a constable reasonably suspects that an offence under subsection (1) above has been committed in relation to a musical instrument or in relation to such a device as is mentioned in paragraph (c) of that subsection, he may enter any premises on which he reasonably suspects that instrument or device to be and seize any such instrument or device he finds there.
2B
A constable may use reasonable force in the exercise of the power conferred by subsection (2A) above.
2C
Schedule 2A to this Act (which makes provision in relation to the retention and disposal of property seized under subsection (2A) above) shall have effect.
3
Subsection (1) above shall not apply to the operation of a loudspeaker—
a
for police, fire-fighting or ambulance purposes, by Scottish Water 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 road, 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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In subsection (3)(a), the reference to fire-fighting purposes is a reference to—
a
the purposes of
the Scottish Fire and Rescue Service
; or
b
fire-fighting functions of any other employer of fire-fighters.
1974 c. 40.
S. 54(2A)-(2C) inserted (1.12.1998) by 1998 c. 37, s. 24(2); S.I. 1998/2327, art. 2(1)
Words in s. 54(3)(a) substituted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(2), Sch. 7 para. 13(a), (with s. 67); S.S.I. 2002/118, art. 2
Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 87(4)
Words in s. 54(3) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(2), Sch. 7 para. 13(b), (with s. 67); S.S.I. 2002/118, art. 2
Act partly in force at Royal Assent see s. 137(2); Act wholly in force at 1. 1. 1985 see S.I. 1983/201 as amended by S.I. 1984/573 and 744.
Act (except s. 16 which applies to England and Wales) applies to Scotland only see s. 137(9).
Act excluded (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act (c. xix), ss. 1, 12(2), Sch. Pt. V
Words in s. 54(3)(a) substituted (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), s. 90, sch. 3 para. 11(a) (with s. 77); S.S.I. 2005/392, art. 2(k)
S. 54(4) inserted (2.8.2005) by Fire (Scotland) Act 2005 (asp 5), s. 90, sch. 3 para. 11(b) (with s. 77); S.S.I. 2005/392, art. 2(k)
Words in s. 54(4)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 53(2); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)