- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (28/06/2022)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 28/06/2022.
There are currently no known outstanding effects for the Police Reform and Social Responsibility Act 2011, Part 3.
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Textual Amendments
F1Words in Pt. 3 heading substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(11), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16
(1)Sections 132 to 138 of the Serious Organised Crime and Police Act 2005 (which regulate demonstrations and use of loudspeakers in the vicinity of Parliament) are repealed.
(2)The public assemblies in relation to which section 14 of the Public Order Act 1986 applies, as a consequence of the repeal of section 132(6) of the Serious Organised Crime and Police Act 2005, include public assemblies which started, or were being organised, before this section comes into force.
Commencement Information
I1S. 141(1) in force at 19.12.2011 for specified purposes by S.I. 2011/2834, art. 2(a)
I2S. 141(1) in force at 30.3.2012 in so far as not already in force by S.I. 2011/2834, art. 3
I3S. 141(2) in force at 30.3.2012 by S.I. 2011/2834, art. 3
Textual Amendments
F2Words in s. 142 cross-heading substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(10), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16
(1)For the purposes of this Part, the “controlled area of Parliament Square” means the area of land that is comprised in—
(a)the central garden of Parliament Square, and
(b)the footways that immediately adjoin the central garden of Parliament Square.
(2)In subsection (1)—
“the central garden of Parliament Square” means the site in Parliament Square on which the Minister of Works was authorised by the Parliament Square (Improvements) Act 1949 to lay out the garden referred to in that Act as “the new central garden”;
“footway” has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act).
Commencement Information
I4S. 142 in force at 19.12.2011 by S.I. 2011/2834, art. 2(b)
(1)For the purposes of this Part, the “Palace of Westminster controlled area” means the area of land in the City of Westminster that is comprised in—
(a)the highways in the postal district SW1 known as—
(i)Bridge Street,
[F4(ia)Canon Row,
(ib)Parliament Street,
(ic)Derby Gate,
(id)Parliament Square,]
(ii)St Margaret's Street, and
(iii)Abingdon Street,
[F5(aa)so much of the highway in the postal district SW1 known as Victoria Embankment as lies between the highway in that district known as Bridge Street and the highway in that district known as Richmond Terrace,]
(b)so much of the highway in the postal district SW1 known as Great College Street as immediately adjoins Abingdon Street Garden,
(c)Old Palace Yard,
(d)Abingdon Street Garden (and its pathways), and
(e)Victoria Tower Gardens.
[F6(1A)A reference to a highway in subsection (1)(a) or (aa) includes any land immediately adjoining that highway and to which the public have or are permitted access.]
(2)In subsection (1)—
“Abingdon Street Garden” means the garden constructed on the sites of properties formerly known as 18 to 28 (both inclusive) Abingdon Street, London, SW1, together with the garden surrounding the adjoining Jewel Tower and the lawn surrounding the King George V Memorial;
“highway” has the same meaning as in the Highways Act 1980 (see section 328 of that Act);
“Old Palace Yard” includes the King George V Memorial.]
Textual Amendments
F3S. 142A inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(2), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16
F4S. 142A(1)(a)(ia)-(id) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 76(2)(a)(i), 208(1) (with s. 76(4)(5)); S.I. 2022/520, reg. 5(j)
F5S. 142A(1)(aa) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 76(2)(a)(ii), 208(1) (with s. 76(4)(5)); S.I. 2022/520, reg. 5(j)
F6S. 142A(1A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 76(2)(b), 208(1) (with s. 76(4)(5)); S.I. 2022/520, reg. 5(j)
(1)A constable or authorised officer 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 Part, a “prohibited activity” is any of the following—
(a)operating any amplified noise equipment in the controlled area of Parliament Square [F8or in the Palace of Westminster controlled area];
(b)erecting or keeping erected in the controlled area of Parliament Square—
(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 the controlled area of Parliament Square for the purpose of sleeping or staying in that area;
(d)placing or keeping in place in the controlled area of Parliament Square 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;
(e)using any sleeping equipment in the controlled area of Parliament Square for the purpose of sleeping overnight in that area.
[F9(f)obstructing, by the use of any item or otherwise, the passage of a vehicle of any description into or out of an entrance into or exit from the Parliamentary Estate, where that entrance or exit is within, or adjoins, the Palace of Westminster controlled area.]
(3)But an activity is not to be treated as a “prohibited activity” within subsection (2) if it is done—
(a)for police, fire and rescue authority or ambulance purposes,
(b)by or on behalf of a [F10relevant person], or
(c)by a person so far as authorised under section 147 to do it (authorisation for operation of amplified noise equipment).
(4)In subsection (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.
[F11(4A)In subsection (2)(f) the reference to obstructing the passage of a vehicle includes making the passage of a vehicle more difficult.]
(5)In subsection (3)(b) [F12“relevant person”] means any of the following—
(a)a Minister of the Crown or a government department,
(b)the Greater London Authority, F13...
(c)Westminster City Council.
[F14(d)a relevant member of the House of Lords staff, or
(e)a relevant member of the House of Commons staff]
[F15(5A)In subsection (5)—
“relevant member of the House of Lords staff” has the meaning given by section 194(6) of the Employment Rights Act 1996;
“relevant member of the House of Commons staff” has the meaning given by section 195(5) of that Act.]
(6)It is immaterial for the purposes of a prohibited activity—
(a)in the case of an activity within subsection (2)(b) or (c) of keeping a tent or similar structure erected or using a tent or similar structure, whether the tent or structure was first erected before or after the coming into force of this section;
(b)in the case of an activity within subsection (2)(d) or (e) of keeping in place any sleeping equipment or using any such equipment, whether the sleeping equipment was first placed before or after the coming into force of this section.
(7)In this section “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.
(8)A person who fails without reasonable excuse to comply with a direction under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Textual Amendments
F7Words in s. 143 heading inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(3)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16
F8Words in s. 143(2)(a) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(3)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16
F9S. 143(2)(f) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 76(3)(a), 208(1); S.I. 2022/520, reg. 5(j)
F10Words in s. 143(3)(b) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 76(3)(b), 208(1); S.I. 2022/520, reg. 5(j)
F11S. 143(4A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 76(3)(c), 208(1); S.I. 2022/520, reg. 5(j)
F12Words in s. 143(5) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 76(3)(d)(i), 208(1); S.I. 2022/520, reg. 5(j)
F13Word in s. 143(5)(b) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 76(3)(d)(ii), 208(1); S.I. 2022/520, reg. 5(j)
F14S. 143(5)(d)(e) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 76(3)(d)(iii), 208(1); S.I. 2022/520, reg. 5(j)
F15S. 143(5A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 76(3)(e), 208(1); S.I. 2022/520, reg. 5(j)
Commencement Information
I5S. 143 in force at 19.12.2011 by S.I. 2011/2834, art. 2(c)
(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 or authorised officer 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 subsection (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 or authorised officer 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 controlled area of Parliament Square[F16, or the Palace of Westminster controlled area,] 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 section—
“amplified noise equipment” has the meaning given by section 143(4);
“direction” means a direction given under section 143(1).
Textual Amendments
F16Words in s. 144(5) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(4), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16
Commencement Information
I6S. 144 in force at 19.12.2011 by S.I. 2011/2834, art. 2(d)
(1)A constable or authorised officer may seize and retain a prohibited item that is on any land in the controlled area of Parliament Square if it appears to that constable or officer that the item is being, or has been, used in connection with the commission of an offence under section 143 [F17in that area].
[F18(1A)A constable or authorised officer may seize and retain a prohibited item that is on any land in the Palace of Westminster controlled area if it appears to that constable or officer that the item is being, or has been, used in connection with the commission of an offence under section 143 in that area.]
(2)A constable may seize and retain a prohibited item that is on any land outside of the controlled area of Parliament Square if it appears to the constable that the item has been used in connection with the commission of an offence under section 143 [F19in that area].
[F20(2A)A constable may seize and retain a prohibited item that is on any land outside of the Palace of Westminster controlled area if it appears to the constable that the item has been used in connection with the commission of an offence under section 143 in that area.]
(3)A “prohibited item” is any item of a kind mentioned in section 143(2).
(4)A constable may use reasonable force, if necessary, in exercising a power of seizure under this section.
(5)An item seized under this section must be returned to the person from whom it was seized—
(a)no later than the end of the period of 28 days beginning with the day on which the item was seized, or
(b)if proceedings are commenced against the person for an offence under section 143 before the return of the item under paragraph (a), at the conclusion of those proceedings.
(6)If it is not possible to return an item under subsection (5) because the name or address of the person from whom it was seized is not known—
(a)the item may be returned to any other person appearing to have rights in the property who has come forward to claim it, or
(b)if there is no such person, the item may be disposed of or destroyed at any time after the end of the period of 90 days beginning with the day on which the item was seized.
(7)Subsections (5)(b) and (6) do not apply if a court makes an order under section 146(1)(a) for the forfeiture of the item.
(8)The references in [F21this section] to an item that is “on” any land include references to an item that is in the possession of a person who is on any such land.
Textual Amendments
F17Words in s. 145(1) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(5)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16
F18S. 145(1A) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(5)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16
F19Words in s. 145(2) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(5)(c), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16
F20S. 145(2A) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(5)(d), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16
F21Words in s. 145(8) substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(5)(e), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16
Commencement Information
I7S. 145 in force at 19.12.2011 by S.I. 2011/2834, art. 2(e)
(1)The court may do either or both of the following on the conviction of a person (“P”) of an offence under section 143—
(a)make an order providing for the forfeiture of any item of a kind mentioned in subsection (2) of that section that was used in the commission of the offence;
(b)make such other order as the court considers appropriate for the purpose of preventing P from engaging in any prohibited activity in [F22a relevant area].
(2)An order under subsection (1)(b) may (in particular) require P not to enter [F23a relevant area] for such period as may be specified in the order.
[F24(2A)In this section “relevant area” means an area consisting of either or both of the following areas—
(a) the controlled area of Parliament Square , and
(b)the Palace of Westminster controlled area.]
(3)Power of the court to make an order under this section is in addition to the court's power to impose a fine under section 143(8).
Textual Amendments
F22Words in s. 146(1)(b) substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(6)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16
F23Words in s. 146(2) substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(6)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16
F24S. 146(2A) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(6)(c), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16
Commencement Information
I8S. 146 in force at 19.12.2011 by S.I. 2011/2834, art. 2(f)
(1)The responsible authority for any land in the controlled area of Parliament Square [F25or the Palace of Westminster controlled area] may authorise a person in accordance with this section to operate on that land [F26(or any part of it)] any amplified noise equipment (as defined by section 143(4)).
(2)An application for authorisation must be made to the responsible authority by or on behalf of the person (or persons) seeking the authorisation.
(3)The responsible authority may—
(a)determine the form in which, and the manner in which, an application is to be made;
(b)specify the information to be supplied in connection with an application;
(c)require a fee to be paid for determining an application.
(4)If an application is duly made to a responsible authority, the authority must—
(a)determine the application, and
(b)give notice in writing to the applicant of the authority's decision within the period of 21 days beginning with the day on which the authority receives the application.
(5)The notice must specify—
(a)the person (or persons) authorised (whether by name or description),
(b)the kind of amplified noise equipment to which the authorisation applies,
(c)the period to which the authorisation applies, and
(d)any conditions to which the authorisation is subject.
(6)The responsible authority may at any time—
(a)withdraw an authorisation given to a person under this section, or
(b)vary any condition to which an authorisation is subject.
(7)Variation under subsection (6)(b) includes—
(a)imposing a new condition,
(b)removing an existing condition, or
(c)altering any period to which a condition applies.
(8)The exercise of a power under subsection (6) to withdraw an authorisation or to vary a condition is effected by the responsible authority giving notice in writing to the applicant.
Textual Amendments
F25Words in s. 147(1) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(7)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16
F26Words in s. 147(1) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(7)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16
Commencement Information
I9S. 147 in force at 19.12.2011 by S.I. 2011/2834, art. 2(g)
(1)This section applies for the purposes of this Part.
(2)“Authorised officer”, in relation to any land in the controlled area of Parliament Square[F27, or in relation to any land in the Palace of Westminster controlled area other than Royal Park land,] means—
(a)an employee of the responsible authority for that land who is authorised in writing by the authority for the purposes of this Part, and
(b)any other person who, under arrangements made with the responsible authority (whether by that or any other person), is so authorised for the purposes of this Part.
(3)“Responsible authority”, in relation to any land in the controlled area of Parliament Square, means—
(a)the Greater London Authority, for any land comprised in the central garden of Parliament Square (as defined by section 142(2)), and
(b)Westminster City Council, for any other land.
[F28(4)“Responsible authority”, in relation to any land in the Palace of Westminster controlled area, means—
(a)the Secretary of State, for any land comprised in Royal Park land;
(b)Westminster City Council, for any other land.
(5)In this section “Royal Park land” means any land of a description specified in Schedule 1 to the Royal Parks and Other Open Spaces Regulations 1997 (S.I. 1997/1639), as that Schedule has effect on the day on which the Anti-social Behaviour, Crime and Policing Act 2014 is passed.]
Textual Amendments
F27Words in s. 148(2) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(8)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16
F28S. 148(4)(5) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(8)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16
Commencement Information
I10S. 148 in force at 19.12.2011 by S.I. 2011/2834, art. 2(h)
(1)In section 385 of the Greater London Authority Act 1999 (byelaws), after subsection (6) insert—
“(6A)Byelaws under this section may not be made as respects Parliament Square Garden for the purpose of prohibiting a particular activity so far as that activity is a prohibited activity for the purposes of Part 3 of the Police Reform and Social Responsibility Act 2011 (see section 143(2) of that Act).”.
(2)Any byelaw made under section 385 of the Greater London Authority Act 1999 before the date on which section 143 above comes into force ceases to have effect on that date so far as the byelaw makes provision prohibiting, as respects the controlled area of Parliament Square, a particular activity that is a prohibited activity for the purposes of this Part.
(3)Nothing in this Part restricts the making of any byelaw under section 235(1) of the Local Government Act 1972 (power of councils to make byelaws) for the purpose of prohibiting, as respects the controlled area of Parliament Square [F29or the Palace of Westminster controlled area], a particular activity except so far as the activity is a prohibited activity for the purposes of this Part.
Textual Amendments
F29Words in s. 149(3) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 153(9), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 16
Commencement Information
I11S. 149 in force at 19.12.2011 by S.I. 2011/2834, art. 2(i)
(1)The Secretary of State may by regulations provide for any provision of sections 143 to 148 and 149(3) to apply, with or without modifications, in relation to an area specified in the regulations.
(2)An area may be specified in regulations under subsection (1) by description, by reference to a map or plan or in any other way.
(3)Regulations under subsection (1) may be made only if—
(a)either House of Parliament is, or is proposed to be, located somewhere other than the Palace of Westminster as a result of the Parliamentary building works or for any other reason, and
(b)as a result of that relocation, or proposed relocation, the Secretary of State considers that it is reasonably necessary for activities which are prohibited in relation to the controlled area of Parliament Square or the Palace of Westminster controlled area to be prohibited in relation to the area specified in the regulations.
(4)In subsection (3)(a) “the Parliamentary building works” has the meaning given by section 1(1) of the Parliamentary Buildings (Restoration and Renewal) Act 2019.
(5)The Secretary of State may by regulations make provision for any other enactment, or any instrument made under an enactment, to have effect with modifications in consequence of regulations under subsection (1).]
Textual Amendments
F30S. 149A inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 77, 208(1); S.I. 2022/520, reg. 5(j)
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