Control of Pollution Act 1974

Noise in streets E+W+S

62 Noise in streets. E+W+S

(1) Subject to the provisions of this section, a loudspeaker in a [F1 street][F1 road] shall not be operated—

(a) between the hours of nine in the evening and eight in the following morning, for any purpose;

(b) At any other time, for the purpose of advertising any entertainment, trade or business;

and any person who operates or permits the operation of a loudspeaker in contravention of this subsection shall be guilty of an offence against this Part of this Act.

• [F2 In this subsection “street” means a highway and any other road, footway, square or court which is for the time being open to the public.]

(2) The preceding subsection shall not apply to the operation of a loudspeaker—

(a) for police, fire brigade or ambulance purposes, by [F3 a water authority][F3 the National Rivers Authority, a water undertaker or a sewerage undertaker] 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 [F4 highway][F4 public road (within the meaning of the Roads (Scotland) Act 1984)], 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.

(3) Subsection (1)(b) of this section shall not apply to the operation of a loudspeaker between the hours of noon and seven in the evening on the same day if the loudspeaker—

(a) is fixed to a vehicle which is being used for the conveyance of a perishable commodity for human consumption; and

(b) is operated solely for informing members of the public (otherwise than by means of words) that the commodity is on sale from the vehicle; and

(c) is so operated as not to give reasonable cause for annoyance to persons in the vicinity.

(4) An offence under this section in Scotland may be prosecuted in any court of summary jurisdiction within the meaning of the M1 Summary Jurisdiction (Scotland) Act 1954 having jurisdiction in the place where the offence was committed.

Textual Amendments

F1 “road” substituted (S.) for “street” by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1) Sch. 9 para. 74(5)(a)(i)

F2 Words repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 74(5)(a)(ii), Sch. 11

F3 Words “the National Rivers Authority, a water undertaker or a sewerage undertaker” substituted (E.W.) for “a water authority” by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 48(7), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F4 Words “public road (within the meaning of the Roads (Scotland) Act 1984)” subtituted (S.) for “highway” by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 156(1), Sch. 9 para. 74(5)(b)

Modifications etc. (not altering text)

C1 S. 62(1) power to exclude conferred (5.1.1994) by 1993 c. 40, ss. 8, 12(1), Sch. 2 para. 1(1)

Marginal Citations

M1 1954 c. 48.