Control of Pollution Act 1974

Summary proceedings to deal with noise

58 Summary proceedings by local authorities

(1) Where a local authority is satisfied that noise amounting to a nuisance exists, or is likely to occur or recur, in the area of the local authority, the local authority 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.

(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 emitted or would be emitted.

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

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

(5) In proceedings for an offence under the preceding subsection 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 subsection (4) of this section of contravening requirements imposed by virtue of subsection (1)(a) of this section it shall be a defence to prove—

(a) that the alleged offence was covered by a notice served under section 60 or a consent given under section 61 or 65 of this Act; or

(b) where the alleged offence was committed at a time when the premises were subject to a notice under section 66 of this Act, that the level of noise emanating from the premises at that time was not such as to constitute a contravention of the notice under section 66; or

(c) where the alleged offence was committed at a time when the premises were not subject to a notice under section 66 of this Act, and when a level fixed under section 67 of this Act applied to the premises, that the level of noise emanating from the premises at that time did not exceed that level.

Paragraphs (b) and (c) above 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 area of a local authority, or which has affected any part of that area, appears to the local authority to be wholly or partly caused by some act or default committed or taking place outside its area, the local authority may act under this section as if the act or default were wholly within that area, except that any appeal shall be heard by a magistrates' court having jurisdiction where the act or default is alleged to have taken place.

(8) If a local authority is of opinion that proceedings for an offence under subsection (4) of this section would afford an inadequate remedy in the case of any noise which is a nuisance, they may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction for the purpose of securing the abatement, prohibition or restriction of the nuisance, and the proceedings shall be maintainable notwithstanding that the local authority has suffered no damage from the nuisance; but in any proceedings taken in pursuance of this subsection it shall be a defence to prove that the noise was authorised by a notice under section 60 or a consent under section 61 of this Act.

(9) Section 1 of the [1960 c. 68.] Noise Abatement Act 1960 (which is superseded by this section) shall cease to have effect except as respects notices served by virtue of that section before the coming into force of this section.

59 Summary proceedings by occupier of premises

(1) A magistrates' court may act under this section 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 magistrates' 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 section 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 emitted, or would be emitted.

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

(5) In proceedings for an offence under this section 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 subsection (4) of this section, a magistrates' court may, after giving the local authority in whose area the nuisance has occurred an opportunity of being heard, direct the authority to do anything which the person convicted was required to do by the order to which the conviction relates.

(7) In the application of this section to Scotland—

(a) in subsection (1), for the reference to a complaint there shall be substituted a reference to a summary application ;

(b) for the references to the defendant there shall be substituted references to the person against whom the proceedings are taken.