- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)A notice under this section (a “warning notice”) shall—
(a)state that an officer of the authority considers—
(i)that noise is being emitted from the offending property during a noise control period; and
(ii)that the noise exceeds, or may exceed, the permitted level, as measured from a relevant place; and
(b)state that any person who is responsible for noise which—
(i)is emitted from the offending property in the period specified in the notice; and
(ii)exceeds the permitted level as measured from a relevant place,
may be guilty of an offence.
(2)The period specified in a warning notice shall be a period—
(a)beginning not earlier than 10 minutes after the time when the notice is served; and
(b)ending at the relevant time.
(3)In subsection (2)(b), “relevant time” means the earlier of—
(a)the end of the noise control period during which the warning notice is served; and
(b)the point (if any) at which the permitted level at the time the notice is served ceases to be applicable.
(4)Subject to subsection (5), a warning notice shall be served by delivering it to any person present at or near the offending property and appearing to the officer of the authority to be responsible for the noise.
(5)If it is not reasonably practicable to identify any person present at or near the offending property as being a person responsible for the noise on whom the notice may reasonably be served, a warning notice shall be served by leaving it at the offending property.
(6)A warning notice shall state the time at which it is served.
(7)For the purpose of the noise control provisions, a person is responsible for noise emitted from relevant property if the emission of the noise is wholly or partly attributable to the person’s act, failure or sufferance.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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