Noise and Statutory Nuisance Act 1993 (c. 40)

SCHEDULES

F1 SCHEDULE 1 S

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Textual Amendments

F1 Sch. 1 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/186, art. 3

Section 8.

SCHEDULE 2 E+W+S Consent to the Operation of Loudspeakers in Streets or Roads

Modifications etc. (not altering text)

C1 Sch. 2: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B40

Sch. 2: functions of a local authority may be the responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 3(1), Sch. 2

Local authority consent E+W+S

1 (1) Subject to sub-paragraph (2), on an application made by any person, the local authority may consent to the operation in its area of a loudspeaker in contravention of section 62(1) of the 1974 Act [F2 or of section 137(1) of the Serious Organised Crime and Police Act 2005]. E+W+S

(2) A consent shall not be given to the operation of a loudspeaker in connection with any election or for the purpose of advertising any entertainment, trade or business.

Textual Amendments

F2 Words in Sch. 2 para. 1(1) added (E.W.) (1.8.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 137(6), 178(8); S.I. 2005/1521, art. 4(1)

2 E+W+S A consent may be granted subject to such conditions as the local authority considers appropriate.

Procedure E+W+S

3 E+W+S An application for a consent shall be made in writing and shall contain such information as the local authority may reasonably require.

4 (1) Where an application is duly made to the local authority for a consent, the authority shall determine the application and notify the applicant in writing of its decision within the period of twenty-one days beginning with the day on which the application is received by the authority. E+W+S

(2) In a case where a consent is granted, the notification under sub-paragraph (1) shall specify the conditions, if any, subject to which the consent is granted.

5 E+W+S An applicant for a consent shall pay such reasonable fee in respect of his application as the local authority may determine.

Publication of consent E+W+S

6 E+W+S Where the local authority grants a consent, the authority may cause a notice giving details of that consent to be published in a local newspaper circulating in its area.

Interpretation E+W+S

7 E+W+S In this Schedule “a consent” means a consent under paragraph 1.

Section 9.

F3 SCHEDULE 3 E+W+S Audible Intruder Alarms

Textual Amendments

F3 Sch. 3 repealed (E.W.) (6.4.2006 for E., 18.1.2008 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 5 Pt. 7; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2007/3371, art. 2(c)

Prospective

[F3 Installation of new alarms E+W+S

1 (1) A person who installs an audible intruder alarm on or in any premises shall ensure— E+W+S

(a) that the alarm complies with any prescribed requirements, and

(b) that the local authority is notified within 48 hours of the installation.

(2) A person who without reasonable excuse contravenes sub-paragraph (1) shall be guilty of an offence and liable on summary conviction—

(a) where the alarm does not comply with any prescribed requirements, to a fine not exceeding level 5 on the standard scale, and

(b) in any other case, to a fine not exceeding level 2 on the standard scale.

Prospective

Operation of alarms before second appointed day E+W+S

2 (1) A person who is the occupier of any premises when (on or after the first appointed day) an audible intruder alarm is installed on or in the premises shall not permit the alarm to be operated unless paragraph 5 is satisfied. E+W+S

(2) A person who without reasonable excuse contravenes sub-paragraph (1) shall be guilty of an offence and liable on summary conviction—

(a) where the alarm does not comply with any prescribed requirements, to a fine not exceeding level 5 on the standard scale, and

(b) in any other case, to a fine not exceeding level 2 on the standard scale.

3 (1) A person who (on or after the first appointed day) becomes the occupier of any premises on or in which an audible intruder alarm has been installed, shall not permit the alarm to be operated unless paragraph 5 is satisfied. E+W+S

(2) A person who without reasonable excuse contravenes sub-paragraph (1) shall be guilty of an offence and liable on summary conviction—

(a) where the alarm does not comply with any prescribed requirements, to a fine not exceeding level 4 on the standard scale, and

(b) in any other case, to a fine not exceeding level 2 on the standard scale.

Prospective

Operation of alarms on or after second appointed day E+W+S

4 (1) The occupier of any premises shall not permit any audible intruder alarm installed on or in those premises to be operated unless paragraph 5 is satisfied. E+W+S

(2) A person who without reasonable excuse contravenes sub-paragraph (1) shall be guilty of an offence and liable on summary conviction—

(a) where the alarm does not comply with any prescribed requirements, to a fine not exceeding level 5 on the standard scale, and

(b) in any other case, to a fine not exceeding level 2 on the standard scale.

Prospective

Requirements for operation of alarms E+W+S

5 (1) This paragraph is satisfied if— E+W+S

(a) the alarm complies with any prescribed requirements,

(b) the police have been notified in writing of the names, addresses and telephone numbers of the current key-holders, and

(c) the local authority has been informed of the address of the police station to which notification has been given under paragraph (b).

(2) Notification under sub-paragraph (1)(b) may be given to the police at any police station in the local authority’s area.

Prospective

Entry to premises E+W+S

6 (1) Where— E+W+S

(a) an intruder alarm installed on or in any premises is operating audibly more than one hour after it was activated, and

(b) the audible operation of the alarm is such as to give persons living or working in the vicinity of the premises reasonable cause for annoyance,

an officer of the local authority who has been authorised (whether generally or specially) for that purpose may, on production (if so required) of his authority, enter the premises to turn off the alarm.

(2) An officer may not enter premises by force under this paragraph.

7 (1) If, on an application made by an officer of the local authority who has been authorised (whether generally or specially) for that purpose, a justice of the peace is satisfied— E+W+S

(a) that an intruder alarm installed on or in any premises is operating audibly more than one hour after it was activated,

(b) that the audible operation of the alarm is such as to give persons living or working in the vicinity of the premises reasonable cause for annoyance,

(c) where notification of any current key-holders has been given in accordance with paragraph 5(1)(b), that the officer has taken steps to obtain access to the premises with their assistance, and

(d) that the officer has been unable to obtain access to the premises without the use of force,

the justice may issue a warrant authorising the officer to enter the premises, if need be by force.

(2) Before applying for such a warrant, an officer shall leave a notice at the premises stating—

(a) that the audible operation of the alarm is such as to give persons living or working in the vicinity reasonable cause for annoyance, and

(b) that an application is to be made to a justice of the peace for a warrant authorising the officer to enter the premises and turn off the alarm.

(3) An officer shall not enter premises by virtue of this paragraph unless he is accompanied by a constable.

(4) A warrant under this paragraph shall continue in force until the alarm has been turned off and the officer has complied with paragraph 10.

8 E+W+S An officer who enters premises by virtue of paragraph 6 or 7 may take with him such other persons and such equipment as may be necessary to turn off the alarm.

9 E+W+S A person who enters premises by virtue of paragraph 6, 7 or 8 shall not cause more damage or disturbance than is necessary.

10 E+W+S An officer who has entered premises by virtue of paragraph 6 or 7 which are unoccupied or from which the occupier is temporarily absent shall—

(a) after the alarm has been turned off, re-set it if reasonably practicable,

(b) leave a notice at the premises stating what action has been taken on the premises under this Schedule, and

(c) leave the premises, so far as reasonably practicable, as effectually secured against trespassers as he found them.

Prospective

Recovery of expenses E+W+S

11 E+W+S Where any premises are entered by virtue of paragraph 6 or 7 in a case where the occupier of those premises has committed an offence under paragraph 2, 3 or 4, any expenses reasonably incurred by the local authority in connection with the entry, turning off the alarm or complying with paragraph 10 may be recovered by the authority from that occupier.

Prospective

Protection from personal liability E+W+S

12 E+W+S Nothing done by, or by a member of, a local authority or by an officer of or another person authorised by a local authority shall, if done in good faith for the purposes of this Schedule, subject them or any of them personally to any action, liability, claim or demand whatsoever, other than any liability under [F4 section 17 or 18 of the Audit Commission Act 1998] (powers of district auditor and court).

Textual Amendments

F4 Words in Sch. 3 para. 12 substituted (11.9.1998) by 1998 c. 18 ss. 54(1), 55(2), Sch. 3 para. 26

Prospective

Interpretation E+W+S

13 (1) In this Schedule references to the first appointed day or the second appointed day are to be read in accordance with section 9(2). E+W+S

(2) In this Schedule—

• “justice of the peace”, in relation to Scotland, includes a sheriff;

• “key-holders”, in relation to an alarm, means—

  (a)

  two persons, other than the occupier of the premises on or in which the alarm is installed, each of whom holds keys sufficient to obtain access to those premises, or

  (b)

  a company which holds keys sufficient to obtain access to those premises, from which those keys can be obtained at any time and the business of which consists of or includes the service of holding keys for occupiers of premises;

• “occupier”—

  (a)

  in relation to premises that are unoccupied, means any person entitled to occupy the premises, and

  (b)

  in relation to premises comprising a building that is being erected, constructed, altered, improved, maintained, cleaned or repaired, does not include a person whose occupancy—

(i) is connected with the erection, construction, alteration, improvement, maintenance, cleaning or repair, and

(ii) is by virtue of a licence granted for less than four weeks;

• “prescribed” means prescribed in regulations made by the Secretary of State for the purposes of this Schedule.

(3) The Secretary of State’s power to make such regulations shall be exercisable by statutory instrument, and an instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Such regulations may make different provision for different cases, circumstances or areas.

(5) Nothing in this Schedule applies to an audible intruder alarm installed on or in a vehicle.]