Control of Pollution Act 1974

74Penalties

(1)A person guilty of an offence against this Part of this Act shall be liable on summary conviction—

(a)in the case of a first offence against this Part of this Act. to a fine not exceeding £200; and

(b)in the case of a second or subsequent offence against this Part of this Act, to a fine not exceeding £400,

together, in any case, with a further fine not exceeding £50 for each day on which the offence continues after the conviction.

(2)In determining whether an offence is a second or subsequent offence against this Part of this Act, account shall be taken of any offence—

(a)under section 24 of the [1897 c. 38.] Public Health (Scotland) Act 1897 by way of contravening a decree or interdict relating to noise; or

(b)under section 95 of the [1936 c. 49.] Public Health Act 1936 by way of contravening a nuisance order relating to noise,

as if it were an offence against this Part of this Act.