Antisocial Behaviour etc. (Scotland) Act 2004

Prospective

InterpretationS

53Meaning of “relevant place” and “relevant property”S

(1)In this Part—

  • relevant place” means—

    (a)

    any place within accommodation (except, in the case of measurement of noise emitted from relevant property which is accommodation, that accommodation); and

    (b)

    such other place as may be prescribed;

  • relevant property” means—

    (a)

    any accommodation;

    (b)

    any land belonging exclusively to, or enjoyed exclusively with, any accommodation;

    (c)

    any land not falling within paragraph (b)—

    (c)
    (i)

    to which at least two persons have rights in common; and

    (ii)

    which is used by those persons as a private garden;

    (d)

    any common passage, close, court, stair, lift or yard pertinent to any tenement or group of separately owned houses; or

    (e)

    such other place as may be prescribed.

(2)In subsection (1)—

  • accommodation” means a building or other structure (or part of a building or other structure) used or intended to be used as a separate unit of accommodation (whether on a permanent basis or otherwise); and

  • prescribed” means prescribed by the Scottish Ministers by order.

54Interpretation of Part 5S

(1)In this Part—

  • fixed penalty notice” has the meaning given by section 46(1);

  • noise control period” has the meaning given by section 41(2)(b);

  • noise control provisions” has the meaning given by section 41(1);

  • offending property” has the meaning given by section 43(3)(a);

  • permitted level” has the meaning given by section 48(1); and

  • warning notice” has the meaning given by section 44(1).

(2)References in this Part to approved devices are references to devices of a type approved by virtue of section 49(1).