Section 141 Demonstrations in vicinity of Parliament: repeal of SOCPA 2005 provisions
(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Crime and Police Act 2005 (which regulate demonstrations and use of loudspeakers in the vicinity of Parliament) are repealed.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.
Controls on activities in Parliament Square Garden and adjoining pavements
Section 142 Controlled area of Parliament Square
(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).
143Prohibited activities in controlled area of Parliament Square
(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;
(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.
(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 relevant authority, 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)—
(5)In subsection (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)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.