Commentary on Sections Schedule 10: Powers of community support officers Section 153: Use of amplified noise in vicinity of the Palace of Westminster
453.Section 153 extends the controls on the use of amplified noise equipment in Parliament Square, as provided for in Part 3 of the 2011 Act, to a wider area around the Palace of Westminster (the “Palace of Westminster controlled area”).
454.Subsection (2) inserts new section 142A into the 2011 Act, which defines the “Palace of Westminster controlled area”.
455.Subsections (3) and (4) enable a constable or authorised officer to direct a person to refrain from or cease using amplified noise equipment in that area, under sections 143 and 144 of the 2011 Act. Failure to comply with such a direction without reasonable excuse is an offence with a maximum penalty on summary conviction of a level 5 fine (currently up to £5,000). On conviction, a court may also make an order for the purpose of preventing the defendant from engaging in further prohibited activity in Parliament Square and the Palace of Westminster controlled area (subsection (6), which amends section 146 of the 2011 Act).
456.Subsection (5) amends section 145 so that the power to seize property that is being used in connection with an offence under section 143 (for example, speakers or a loudhailer) will also be available in the Palace of Westminster controlled area.
457.The relevant authority, which may authorise the use of amplified noise equipment in the new controlled area, is Westminster City Council or, in relation to land owned by the Royal Parks, the Secretary of State (subsection (8)).