The Royal Parks and Other Open Spaces Regulations 1997

Citation, commencement and interpretation E+W

1.—(1) These Regulations may be cited as the Royal Parks and Other Open Spaces Regulations 1997 and shall come into force on 1st October 1997.

(2) In these Regulations:—

• “constable” includes a park constable within the meaning of section 3 of the Parks Regulation Act 1872(1) as amended by the Parks Regulation (Amendment) Act 1974(2);

• “Palace” means Buckingham Palace, Hampton Court Palace or St. James’s Palace;

• “Park” means an area of land described in Schedule 1 to these Regulations;

• “Park road” means a road, which is for the time being open to vehicular traffic, in a Park;

• [F1 “private hire vehicle” means a vehicle licensed under section 7 of the Private Hire Vehicles (London) Act 1998;]

• “taxi” means a vehicle licensed under section 6 of the Metropolitan Carriage Act 1869(3);

• “the public speaking area” means that part of Hyde Park bounded by Cumberland Gate and North Carriage Drive on the north, Stanhope Walk on the west, Grosvenor Walk on the south, and the Broad Walk on the east, including the area known as Speakers' Corner;

• “the riding ways” means—

  (a)

  in relation to Hyde Park, the Park roads therein and the horse rides known as the Dorchester Ride, the Ladies' Mile, the New Ride, the North Ride, Rotten Row and the Serpentine Ride, and

  (b)

  in relation to St. James’s and The Green Parks, the Park roads therein and the horse rides known as Constitution Hill Ride and the Mall Ride.

Textual Amendments

F1 Words in reg. 1(2) inserted (6.4.2010) by The Royal Parks and Other Open Spaces (Amendment) etc. Regulations 2010 (S.I. 2010/1194), regs. 1(1), 2(2)

Commencement Information

I1 Reg. 1 in force at 1.10.1997, see reg. 1(1)

Restriction on use of a Park E+W

2.  No person, without the written permission of the Secretary of State, shall—

(1) be in a Park, or any part thereof, at a time when that Park or part thereof is not open to the public;

(2) except in an emergency, land a helicopter or other aircraft in a Park or enter a Park therefrom; or

(3) permit any animal of which he is in charge to be in any Park or part thereof in contravention of a notice exhibited by order of the Secretary of State.

Commencement Information

I2 Reg. 2 in force at 1.10.1997, see reg. 1(1)

Acts prohibited in a Park E+W

3.  Subject to the provisions of regulation 6, no person using a Park shall—

(1) intentionally or recklessly interfere with the safety, comfort or convenience of any person using a Park in accordance with these Regulations;

(2) deposit waste, litter or any other article into, or do any act which pollutes or is likely to pollute water in, any fountain, lake, pond or river;

(3) drop or leave litter or refuse except in a receptacle provided for the purpose;

(4) [F2 unless he is a child of 10 years of age or under,] use—

(a) any pedal cycle, or

(b) any roller skate, roller blade, skate board or other foot-propelled device

except on a Park road or in an area designated and marked as being for that purpose by the Secretary of State;

(5) fail to keep any animal of which he is in charge under control or on a lead—

(a) after having been required by a constable to do so, or

(b) in contravention of a notice exhibited by order of the Secretary of State;

[F3 (6) unless the person is a registered blind person, without reasonable excuse, fail to remove immediately any faeces deposited by any animal [F4 (other than a horse)] of which he is in charge, provided always that it shall not be a reasonable excuse that a person in charge of an animal did not have with him any means of removal of the faeces;]

(7) permit any animal of which he is in charge to be tethered or to graze;

(8) fail to remove any animal of which he is in charge from a Park or place in that Park after having been required by a constable to do so;

(9) fail to comply with any direction for the regulation or control of—

(a) horses or pedal cycles, or

(b) roller skates, roller blades, skate boards or other foot-propelled devices

given by a constable or by a notice exhibited by order of the Secretary of State;

(10) (a) ride any animal,

(b) drive or ride any vehicle, or

(c) use any pedal cycle, roller skate, roller blade, skate board or other foot-propelled device

in any manner that endangers or is likely to endanger any person;

(11) (a) use a pedal cycle (other than when it is parked), or

(b) drive or ride a vehicle

between sunset and sunrise, or in seriously reduced visibility between sunrise and sunset, unless it is lit in accordance with the Road Vehicles (Lighting) Regulations 1989(4), and for the purposes of this regulation references in the Road Vehicles (Lighting) Regulations 1989 to a road shall be deemed to be references to a Park road or any other area designated and marked as being an area in which a pedal cycle may be used;

(12) drive or ride any vehicle off a Park road except—

(a) for the purpose of parking that vehicle in a place reserved for that purpose by the Secretary of State,

(b) an invalid carriage, or

(c) a vehicle in use for the purpose of transacting business with any person either residing in a Palace or Park or using land therein under licence from the Secretary of State

provided in the case of sub-paragraphs (b) and (c) above that the said vehicle is not driven at a speed exceeding 15 m.p.h.;

(13) in contravention of a notice exhibited by order of the Secretary of State, or after having been required by a constable not to do so—

(a) play any game or engage in any form of sport or exercise,

(b) use any kite or model aircraft or any mechanically propelled or operated model, or

(c) skate or otherwise go on any ice;

(14) fail, when in the public speaking area in Hyde Park, to comply with a direction given by a constable to move from some place in that area or to leave the area;

(15) fail to move any chair, stand or platform in the public speaking area in Hyde Park in accordance with a direction given by a constable;

(16) fail to comply with a reasonable direction given by a constable to leave a Park or any part thereof.

Textual Amendments

F2 Words in reg. 3(4) inserted (10.5.2004) by Royal Parks and Other Open Spaces (Amendment) Regulations 2004 (S.I. 2004/1308), regs. 1, 2(2)(a)

F3 Reg. 3(6) substituted (10.5.2004) by Royal Parks and Other Open Spaces (Amendment) Regulations 2004 (S.I. 2004/1308), regs. 1, 2(2)(b)

F4 Words in reg. 3(6) inserted (6.4.2010) by The Royal Parks and Other Open Spaces (Amendment) etc. Regulations 2010 (S.I. 2010/1194), regs. 1(1), 2(3)

Commencement Information

I3 Reg. 3 in force at 1.10.1997, see reg. 1(1)

[F5 Acts prohibited in designated parks E+W

3A.— (1) A constable who has reasonable grounds for believing that a person is doing, or is about to do, a prohibited activity may direct the person—

(a) to cease doing that activity; or

(b) (as the case may be) not to start doing that activity.

(2) For the purposes of this regulation, a “prohibited activity” is any of the following—

(a) operating any amplified noise equipment in a designated park;

(b) erecting or keeping erected in a designated park—

(i) any tent; or

(ii) any other structure that is designed, or adapted, (solely or mainly) for the purpose of facilitating sleeping or staying in a place for any period;

(c) using any tent or other such structure in a designated park for the purpose of sleeping or staying in that area;

(d) placing or keeping in place in a designated park any sleeping equipment with a view to its use (whether or not by the person placing it or keeping it in place) for the purpose of sleeping overnight in that area; and

(e) using any sleeping equipment in a designated park for the purpose of sleeping overnight in that area.

(3) But an activity is not to be treated as a “prohibited activity” within paragraph (2) if it is done—

(a) for police, fire and rescue authority or ambulance purposes;

(b) by or on behalf of a relevant authority; or

(c) by a person so far as that person has the prior written permission of the Secretary of State.

(4) In paragraph (2)(a) “amplified noise equipment” means any device that is designed or adapted for amplifying sound, including (but not limited to)—

(a) loudspeakers; and

(b) loudhailers.

(5) In paragraph (3)(b) “relevant authority” means any of the following—

(a) a Minister of the Crown or a government department;

(b) the Greater London Authority; or

(c) Westminster City Council.

(6) In this regulation “sleeping equipment” means any sleeping bag, mattress or other similar item designed, or adapted, (solely or mainly) for the purpose of facilitating sleeping in a place.

(7) No person may without reasonable excuse fail to comply with a direction under paragraph (1).

(8) For the purposes of the prohibited activities in paragraph 2(a) to (e), a “designated park” is any Park listed in paragraphs 1, 3A and 20 of Schedule 1.]

Textual Amendments

F5 Regs. 3A-3C inserted (28.3.2012) by The Royal Parks and Other Open Spaces (Amendment) (No. 2) Regulations 2012 (S.I. 2012/957), regs. 1, 2(2)

[F5 Directions under regulation 3A: further provision E+W

3B.— (1) A direction requiring a person to cease doing a prohibited activity may include a direction that the person does not start doing that activity again after having ceased it.

(2) A direction requiring a person not to start doing a prohibited activity continues in force until—

(a) the end of such period beginning with the day on which the direction is given as may be specified by the constable giving the direction; or

(b) if no such period is specified, the end of the period of 90 days beginning with the day on which the direction is given.

(3) A period specified under paragraph (2)(a) may not be longer than 90 days.

(4) A direction may be given to a person to cease operating, or not to start operating, any amplified noise equipment only if it appears to the constable giving the direction that the following condition is met.

(5) The condition is that the person is operating, or is about to operate, the equipment in such a manner as to produce sound that other persons in or in the vicinity of the designated park can hear or are likely to be able to hear.

(6) A direction—

(a) may be given orally;

(b) may be given to any person individually or to two or more persons together; and

(c) may be withdrawn or varied by the person who gave it.

(7) In this regulation—

“amplified noise equipment” has the meaning given by regulation 3A(4);

“designated park” has the meaning given by regulation 3A(8); and

“direction” means a direction given under regulation 3A(1).]

Textual Amendments

F5 Regs. 3A-3C inserted (28.3.2012) by The Royal Parks and Other Open Spaces (Amendment) (No. 2) Regulations 2012 (S.I. 2012/957), regs. 1, 2(2)

[F5 Seizure, retention, disposal and forfeiture of property E+W

3C.   Sections 4, 5 and 6 of the Royal Parks (Trading) Act 2000 apply in relation to an offence under the Parks Regulation (Amendment) Act 1926 relating to a breach of regulation 3A(7) as if that offence were a park trading offence under the Royal Parks (Trading) Act 2000.]

Textual Amendments

F5 Regs. 3A-3C inserted (28.3.2012) by The Royal Parks and Other Open Spaces (Amendment) (No. 2) Regulations 2012 (S.I. 2012/957), regs. 1, 2(2)

Acts in a Park for which written permission is required E+W

4.  Unless the Secretary of State’s written permission has first been obtained, no person using a Park shall—

(1) interfere with any plant or fungus;

(2) go on any flower bed or shrubbery, or on any area of a Park access to which is prohibited by a notice exhibited by order of the Secretary of State;

(3) use or operate a metal or mineral detector or any device for locating objects below ground level;

(4) attach any article to, climb or interfere with any tree, railing, fence, statue, seat, building or structure;

(5) interfere with any notice or sign;

(6) carry on any trade or business in a Park, offer anything for sale or hire or expose or have in his possession anything for the purpose of sale or hire therein;

(7) use language which publicly intimates that any article, commodity, facility or service can be obtained in a Park or elsewhere;

(8) exhibit any notice or advertisement or any other written or pictorial matter [F6 (other than a notice or advertisement approved by Transport for London and exhibited on a taxi or private hire vehicle)];

(9) play or cause to be played a musical instrument;

(10) use any apparatus for the transmission, reception, reproduction or amplification of sound, speech or images, except apparatus designed and used as an aid to defective hearing, or apparatus used in a vehicle so as not to produce sound audible to a person outside that vehicle, or apparatus used where the sound is received through headphones;

(11) discharge any weapon which is a firearm within the meaning of section 57 of the Firearms Act 1968(5), or project any missile manually or by artificial means;

(12) camp or erect or cause to be erected any tent or enclosure;

(13) wash or dry any piece of clothing or linen;

(14) collect or solicit money or any other gift;

(15) make or give a public speech or address except in the public speaking area in Hyde Park;

(16) unless for the purpose for which it is provided, interfere with or remove any lifebelt, lifeline or lifesaving aid or fixture;

(17) organise or take part in any assembly, display, performance, representation, parade, procession, review or theatrical event;

(18) take photographs of still or moving subjects for the purpose of or in connection with a business, trade, profession or employment or any activity carried on by a body of persons whether corporate or unincorporate;

(19) intentionally obstruct or otherwise interfere with free passage on any road, riding way or path;

(20) fish, take any egg, or intentionally injure or worry any animal or bird;

(21) cause or permit any animal or bird of which he is in charge to chase, worry or injure any other animal or bird;

(22) boat or bathe or otherwise enter any fountain, lake, pond or river, unless—

(a) in a place for the time being marked by buoys or other means as appointed for that purpose, and

(b) in accordance with any direction for the control of such activities given by a constable, or by a notice exhibited by order of the Secretary of State;

(23) sail any model except on Adam’s Pond in Richmond Park, on the [F7 Model Boating Pond] in Bushy Park, on the Rick Pond in Hampton Court Park, or on the Round Pond in Kensington Gardens;

(24) feed or touch any deer or pelican;

(25) ride any animal except—

(a) in Bushy Park,

(b) on the road between Blackheath Gate and St. Mary’s Gate in Greenwich Park,

(c) on the riding ways in Hyde Park or St. James’s and The Green Parks,

(d) on the road between Queen’s Gate and Coalbrookdale Gate in Kensington Gardens,

(e) on the roads in The Regent’s Park, or

(f) in Richmond Park;

(26) cause or permit any animal to be in a place for the time being marked by buoys or other means as reserved for bathing or to be in any boat on any water in a Park;

(27) drive or ride any vehicle which is constructed, adapted or in use for the purpose of a trade or business except as specified in Part I of Schedule 2 to these Regulations;

(28) drive or ride any vehicle on a Park road in excess of the speed specified in relation to that road in Part II of Schedule 2 to these Regulations;

(29) tow or leave any caravan;

(30) unless in an emergency, cause any vehicle to wait, or leave any vehicle unattended, in a place other than one for the time being appointed for the parking of a vehicle of that description by the Secretary of State;

[F8 (31) cause or permit any fire to be lit or to place, throw or let fall a lighted match, similar object or any other thing so as to be likely to cause a fire.]

Textual Amendments

F6 Words in reg. 4(8) added (6.4.2010) by The Royal Parks and Other Open Spaces (Amendment) etc. Regulations 2010 (S.I. 2010/1194), regs. 1(1), 2(4)

F7 Words in reg. 4(23) substituted (6.4.2010) by The Royal Parks and Other Open Spaces (Amendment) etc. Regulations 2010 (S.I. 2010/1194), regs. 1(1), 2(5)

F8 Reg. 4(31) added (10.5.2004) by Royal Parks and Other Open Spaces (Amendment) Regulations 2004 (S.I. 2004/1308), regs. 1, 2(3)

Commencement Information

I4 Reg. 4 in force at 1.10.1997, see reg. 1(1)

General E+W

5.  Where a constable has reasonable ground for belief that a person has contravened any one or more of these Regulations, that person shall give on demand his name and address to that constable.

Commencement Information

I5 Reg. 5 in force at 1.10.1997, see reg. 1(1)

6.—(1) The provisions of this regulation shall have effect—

(a) where an officer, servant or agent of the Secretary of State is acting in the performance of his duty to secure the proper management of a Park or the preservation of order and prevention of abuses therein, or

(b) where a constable or a member of the armed forces or of any fire brigade or ambulance service is acting in the performance of his duty.

[F9 (1A) In relation to England, the reference to a member of a fire brigade in paragraph (1) is a reference to an employee of a fire and rescue authority.]

(2) Any such person mentioned in paragraph (1) above does not, by reason of any failure to comply with any notice exhibited by order of the Secretary of State, contravene regulation 3(5), (9) or (13)(c) above, and is for the purpose of regulations 2 and 4 above hereby granted permission to do any act mentioned in those regulations.

Textual Amendments

F9 Reg. 6(1A) inserted (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 41

Commencement Information

I6 Reg. 6 in force at 1.10.1997, see reg. 1(1)

[F10 6A.   Regulation 4(6) above is a park trading regulation within the meaning of section 1 of the Royal Parks (Trading) Act 2000 (designation of regulations as park trading regulations).]

Textual Amendments

F10 Reg. 6A inserted (2.11.2000) by The Royal Parks and Other Open Spaces (Park Trading) Regulations 2000 (S.I. 2000/2949), regs. 1, 2

Revocation E+W

7.  The Trafalgar Square Regulations 1952(6) and the Royal and other Parks and Gardens Regulations 1977(7) are hereby revoked.

Commencement Information

I7 Reg. 7 in force at 1.10.1997, see reg. 1(1)

Chris Smith

Secretary of State for National Heritage

20th August 1997