Noise and Statutory Nuisance Act 1993
Noise and StatutoryNuisance Act 1993
1993 CHAPTER 40
An Act to make provision for noise in a street to be a statutory nuisance; to make provision with respect to the operation of loudspeakers in a street; to make provision with respect to audible intruder alarms; to make provision for expenses incurred by local authorities in abating, or preventing the recurrence of, a statutory nuisance to be a charge on the premises to which they relate; and for connected purposes.
[5th November 1993]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Preliminary
1 Interpretation.
1. In this Act ‘the 1974 Act’ means the Control of Pollution Act 1974and ‘the 1990 Act’ means the Environmental Protection Act 1990.
Noise in street to be a statutory nuisance
2 Noise in street to be a statutory nuisance.
(1) Section 79 of the 1990 Act (statutory nuisances) shall be amended as follows.
(2) In subsection (1) (list of statutory nuisances)—
(a) for ‘Subject to subsections (2) to (6) below’ there shall be substituted ‘Subject to subsections (2) to (6A) below’,
(b)after paragraph (g) there shall be inserted—‘(ga) noise that is prejudicial to health or a nuisance and is emitted from or caused by a vehicle, machinery or equipment in a street;’, and
(c) after ‘section 80 below’ there shall be inserted ‘or sections 80 and 80A below’.
(3) After subsection (6) there shall be inserted—
(6A) Subsection (1)(ga) above does not apply to noise made—
(a) by traffic,
(b) by any naval, military or air force of the Crown or by a visiting force (as defined in subsection (2) above), or
(c) by a political demonstration or a demonstration supporting or opposing a cause or campaign.’
(4) In subsection (7) (interpretation)—
(a)after the definition of ‘dust’ there shall be inserted—‘‘equipment’ includes a musical instrument;’,
(b) for the definition of ‘person responsible’ there shall be substituted—
‘‘person responsible’—
(a) in relation to a statutory nuisance, means the person to whose act, default or sufferance the nuisance is attributable;
(c) in relation to machinery or equipment, includes any person who is for the time being the operator of the machinery or equipment;’, and
(c)after the definition of ‘smoke’ there shall be inserted—‘‘street’ means a highway and any other road, footway, square or court that is for the time being open to the public;’.
(5) In subsection (8) (port health authority to have functions of a local authority under Part III of the 1990 Act, except those relating to a statutory nuisance within section 79(1)(g)) after ‘paragraph (g)’ there shall be inserted ‘or (ga)’.
3 Summary proceedings in respect of noise in street.
(1) Section 80 of the 1990 Act (summary proceedings for statutory nuisances) shall be amended as follows.
(2) In subsection (2) (person on whom abatement notice is to be served) for ‘The abatement notice’ there shall be substituted ‘Subject to section 80A(1) below, the abatement notice’.
(3) In subsection (3) (right of appeal to magistrates' court) for ‘The person served with the notice’ there shall be substituted ‘A person served with an abatement notice’.
(4) In subsection (8) (defence that the best practicable means were used to prevent, or counteract the effects of, the nuisance not available in certain cases) after paragraph (a) there shall be inserted—
‘(aa) in the case of a nuisance falling within paragraph (ga) of section 79(1) above except where the noise is emitted from or caused by a vehicle, machinery or equipment being used for industrial, trade or business purposes;’.
(5) In subsection (9) (defence to proceedings in respect of a nuisance within section 79(1)(g) that noise was authorised by a notice served under section 60 or a consent given under section 61 etc. of the 1974 Act: construction sites) after ‘paragraph (g)’ there shall be inserted ‘or (ga)’.
(6) After section 80 of the 1990 Act there shall be inserted—
S-80A 80A ‘Abatement notice in respect of noise in street.
(1) In the case of a statutory nuisance within section 79(1)(ga) above that—
(a) has not yet occurred, or
(b) arises from noise emitted from or caused by an unattended vehicle or unattended machinery or equipment,
the abatement notice shall be served in accordance with subsection (2) below.
(2) The notice shall be served—
(a) where the person responsible for the vehicle, machinery or equipment can be found, on that person;
(b) where that person cannot be found or where the local authority determines that this paragraph should apply, by fixing the notice to the vehicle, machinery or equipment.
(3) Where—
(a) an abatement notice is served in accordance with subsection (2)(b) above by virtue of a determination of the local authority, and
(b) the person responsible for the vehicle, machinery or equipment can be found and served with a copy of the notice within an hour of the notice being fixed to the vehicle, machinery or equipment,
a copy of the notice shall be served on that person accordingly.
(4) Where an abatement notice is served in accordance with subsection (2)(b) above by virtue of a determination of the local authority, the notice shall state that, if a copy of the notice is subsequently served under subsection (3) above, the time specified in the notice as the time within which its requirements are to be complied with is extended by such further period as is specified in the notice.
(5) Where an abatement notice is served in accordance with subsection (2)(b) above, the person responsible for the vehicle, machinery or equipment may appeal against the notice under section 80(3) above as if he had been served with the notice on the date on which it was fixed to the vehicle, machinery or equipment.
(6) Section 80(4) above shall apply in relation to a person on whom a copy of an abatement notice is served under subsection (3) above as if the copy were the notice itself.
(7) A person who removes or interferes with a notice fixed to a vehicle, machinery or equipment in accordance with subsection (2)(b) above shall be guilty of an offence, unless he is the person responsible for the vehicle, machinery or equipment or he does so with the authority of that person.
(8) A person who commits an offence under subsection (7) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.’
4 Supplementary provisions.
(1) Section 81 of the 1990 Act (provisions supplementary to sections 79 and 80) shall be amended as follows.
(2) In subsection (1) (application of section 80 where more than one person is responsible for statutory nuisance) for ‘Where’ there shall be substituted ‘Subject to subsection (1A) below, where’.
(3) After subsection (1) there shall be inserted—
(1A) In relation to a statutory nuisance within section 79(1)(ga) above for which more than one person is responsible (whether or not what any one of those persons is responsible for would by itself amount to such a nuisance), section 80(2)(a) above shall apply with the substitution of ‘any one of the persons’ for ‘the person’.
(1B) In relation to a statutory nuisance within section 79(1)(ga) above caused by noise emitted from or caused by an unattended vehicle or unattended machinery or equipment for which more than one person is responsible, section 80A above shall apply with the substitution—
(a) in subsection (2)(a), of ‘any of the persons’ for ‘the person’ and of ‘one such person’ for ‘that person’,
(b) in subsection (2)(b), of ‘such a person’ for ‘that person’,
(c) in subsection (3), of ‘any of the persons’ for ‘the person’ and of ‘one such person’ for ‘that person’,
(d) in subsection (5), of ‘any person’ for ‘the person’, and
(e) in subsection (7), of ‘a person’ for ‘the person’ and of ‘such a person’ for ‘that person’.’
(4) In subsection (6) (defence to proceedings in respect of a nuisance within section 79(1)(g) that noise was authorised by a notice served under section 60 or a consent given under section 61 etc. of the 1974 Act: construction sites) after ‘paragraph (g)’ there shall be inserted ‘or (ga)’.
(5) In Schedule 3 to the 1990 Act (further supplementary provisions) after paragraph 2 there shall be inserted—
S-2A 2A
(1) Any person authorised by a local authority may on production (if so required) of his authority—
(a) enter or open a vehicle, machinery or equipment, if necessary by force, or
(b) remove a vehicle, machinery or equipment from a street to a secure place,
for the purpose of taking any action, or executing any work, authorised by or required under Part III in relation to a statutory nuisance within section 79(1)(ga) above caused by noise emitted from or caused by the vehicle, machinery or equipment.
(2) On leaving any unattended vehicle, machinery or equipment that he has entered or opened under sub-paragraph (1) above, the authorised person shall (subject to sub-paragraph (3) below) leave it secured against interference or theft in such manner and as effectually as he found it.
(3) If the authorised person is unable to comply with sub-paragraph (2) above, he shall for the purpose of securing the unattended vehicle, machinery or equipment either—
(a) immobilise it by such means as he considers expedient, or
(b) remove it from the street to a secure place.
(4) In carrying out any...
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