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(3) For the purpose of this section a noise nuisance shall be deemed to
exist where any person makes or continues or causes to be made or continued
any noise which is a nuisance.
(4) Nothing in this section shall -
(a) apply to a noise occasioned by the exercise of the functions
under any Act of the county council or the sanitary authorities
or any statutory undertakers: or
(b) affect the power of the county council or any borough council to
make byelaws under section 38 (Byelaws by Council or borough
councils for good rule and government and suppression of nuisances)
of the London County Council (General Powers) Act 1934:
This section applies to vibration as it does to noise and references in
this section to noise shall be construed accordingly, but the section does not
apply to noise or vibration caused by aircraft
SECTION 2 (Restriction of operation on highways etc., of loudspeakers)
prohibits the use of loudspeakers in streets for any but the following purposes between
9p.m. and 8a.m. and at any other time to advertise any trade business or entertainment
(a) for police, fire brigade or ambulance purposes or by a local
authority within their 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 highway 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
Between the hours of noon and 7pm a loudspeaker fixed to a vehicle used
for the sale of perishable food stuffs may be operated to announce that the
commodities are on sale but the loudspeaker is not to be so operated as to
give reasonable cause for annoyance to persons in the vicinity
The penalty for the operation of a loudspeaker in contravention of this
section is a fine not exceeding £10, and proceedings for an offence under the
section may be instituted by any local authority (including county councils and
parish councils) in whose area the offence was committed
"Street" is defined as meaning a highway or any other road footway
square or court which is for the time being open to the public,
SECTION 3 (Consequential repeal, etc., of local enactments) and SECTION 4
(Saving for byelaws) contain a comprehensive saving for all existing byelaws
and byelaw making powers and also provides that the Minister may repeal the
provisions of a local Act which appear to him to be unnecessary having regard
to the provisions of the Act of 1960 In the case of any provision which
appears unnecessary having regard to section 2 of the Act, the Minister's power
of repeal cannot be exercised without the consent of the local authorities
(including county councils) concerned