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Pollution Control and Local Government (Northern Ireland) Order 1978

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Pollution Control and Local Government (Northern Ireland) Order 1978, Summary proceedings to deal with noise is up to date with all changes known to be in force on or before 18 November 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • Sch. 4 para. 1 2 repealed by 2011 c. 23 (N.I.) Sch. 4 Pt. 5 (Amendment could not be applied. The relevant affected text is not available on legislation.gov)

Commencement Orders yet to be applied to the Pollution Control and Local Government (Northern Ireland) Order 1978

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Summary proceedings to deal with noiseN.I.

Summary proceedings by district councilsN.I.

38.—(1) Where a district council is satisfied that noise amounting to a nuisance exists, or is likely to occur or recur, in the district of the council, the council shall serve a notice imposing all or any of the following requirements—

(a)requiring the abatement of the nuisance or prohibiting or restricting its occurrence or recurrence;

(b)requiring the execution of such works, and the taking of such other steps, as may be necessary for the purpose of the notice or as may be specified in the notice;

and the notice shall specify the time or times within which the requirements of the notice are to be complied with[F1 but a district council shall not, without the consent of the Department of the Environment, serve any such notice in respect of noise if proceedings in respect thereof might be initiated under regulations under Article 4 of the Environment (Northern Ireland) Order 2002.].

(2) The notice shall be served on the person responsible for the nuisance or, if that person cannot be found or the nuisance has not yet occurred, on the owner or occupier of the premises from which the noise is or would be emitted.

(3) The person served with the notice may appeal against the notice to a court of summary jurisdiction within twenty-one days from service of the notice.

(4) If a person on whom a notice is served under this Article without reasonable excuse contravenes any requirement of the notice, he shall be guilty of an offence against this Part.

(5) In proceedings for an offence under paragraph (4) in respect of noise caused in the course of a trade or business, it shall be a defence to prove that the best practicable means have been used for preventing, or for counteracting the effect of, the noise.

(6) In proceedings for an offence under paragraph (4) of contravening requirements imposed under paragraph (1) it shall be a defence to prove—

(a)that the alleged offence was covered by a notice served under Article 40 or a consent given under Article 41 or 45; or

(b)where the alleged offence was committed at a time when the premises were subject to a notice under Article 46, that the level of noise emanating from the premises at that time was not such as to constitute a contravention of the notice under Article 46; or

(c)where the alleged offence was committed at a time when the premises were not subject to a notice under Article 46, and when a level fixed under Article 47 applied to the premises, that the level of noise emanating from the premises at that time did not exceed that level;

and sub-paragraphs ( b) and ( c) apply whether or not the relevant notice was subject to appeal at the time when the offence was alleged to have been committed.

(7) Where a nuisance which exists or has occurred within the district of a district council, or which has affected any part of that district, appears to the council to be wholly or partly caused by some act or default committed or taking place outside its district, the district council may act under this Article as if the act or default were wholly within that district, except that any appeal shall be heard by a court of summary jurisdiction having jurisdiction where the act or default is alleged to have taken place.

(8) If a district council is of opinion that proceedings for an offence under paragraph (4) would afford an inadequate remedy in the case of any noise which is a nuisance, it may take proceedings in the High Court for the purpose of securing the abatement, prohibition or restriction of the nuisance, and the proceedings shall be maintainable notwithstanding that the district council has suffered no damage from the nuisance; but in any proceedings taken under this paragraph it shall be a defence to prove that the noise was authorised by a notice under Article 40 or a consent under Article 41.

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F1SR 2003/46

Summary proceedings by occupier of premisesN.I.

39.—(1) A court of summary jurisdiction may act under this Article on a complaint made by the occupier of any premises on the ground that in his capacity as occupier of the premises he is aggrieved by noise amounting to a nuisance.

(2) If the court is satisfied that the alleged nuisance exists, or that although abated it is likely to recur on the same premises, the court shall make an order for either or both of the following purposes—

(a)requiring the defendant to abate the nuisance, within a time specified in the order, and to execute any works necessary for that purpose.

(b)prohibiting a recurrence of the nuisance, and requiring the defendant, within a time specified in the order, to execute any works necessary to prevent the recurrence.

(3) Proceedings under this Article shall be brought against the person responsible for the nuisance or, if that person cannot be found, against the owner or occupier of the premises from which the noise is or would be emitted.

(4) A person who without reasonable excuse contravenes any requirement of an order under paragraph (2) shall be guilty of an offence against this Part.

(5) In proceedings for an offence under this Article in respect of noise caused in the course of a trade or business, it shall be a defence to prove that the best practicable means have been used for preventing, or for counteracting the effect of, the noise.

(6) If a person is convicted of an offence under paragraph (4), a court of summary jurisdiction may, after giving the district council in whose district the nuisance has occurred an opportunity of being heard, direct the council to do anything which the person convicted was required to do by the order to which the conviction relates.

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