The Statutory Nuisances (Miscellaneous Provisions) (Wales) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

Section 101 of the Clean Neighbourhoods and Environment Act 2005 (c. 16) (“the 2005 Act”) adds a new category of statutory nuisance to section 79(1) of the Environmental Protection Act 1990 (c. 43) (“the 1990 Act”) comprising “any insects emanating from relevant industrial, trade or business premises and being prejudicial to health or a nuisance”.

Section 79(7C)(a) to (c) and (e) of the 1990 Act excludes certain types of land from the definition of “relevant industrial, trade or business premises” with the effect that any insects emanating from such premises which are prejudicial to health or a nuisance, will not constitute a statutory nuisance for the purposes of the statutory nuisance regime in Part 3 of the 1990 Act.

Under section 79(7C)(d) of the 1990 Act, the National Assembly for Wales may prescribe other land which forms part of an agricultural unit (but which is not already excluded under section 79(7C)(a) to (c)) to be excluded from the definition of “relevant industrial, trade or business premises”.

These Regulations prescribe, for the purposes of section 79(7C)(d) of the 1990 Act, land in respect of which payments are made under any of the land management schemes described in the Schedule to the Regulations so that insects emanating from such land which are prejudicial to health or a nuisance will not constitute a statutory nuisance for the purposes of Part 3 of the 1990 Act (regulation 2 and the Schedule).

These Regulations also amend the Statutory Nuisance (Appeals) Regulations 1995 (S.I. 1995/2644) (“the 1995 Regulations”).

The 1995 Regulations (regulation 2(2)) describe the grounds on which a person may rely when appealing to the magistrates' court under section 80(3) of the against an abatement notice served on that person in respect of a statutory nuisance. In respect of any of the statutory nuisances set out in section 79(1)(a), (d), (e), (f) or (g) of the 1990 Act, where such a nuisance arose on industrial, trade or business premises, the grounds are that the best practicable means were used to prevent, or to counteract the effects of the nuisance (see regulation 2(2)(e)(i) of the 1995 Regulations).

The 2005 Act (sections 101 to 103) adds two new statutory nuisances to those listed in section 79(1) of the 1990 Act. These are (at section 79(1)(fa)) the insect nuisance in respect of which provision is made in regulation 2 of these Regulations (the insect nuisance) and (at section 79(1)(fb)) artificial light emitted from premises so as to be prejudicial to health or a nuisance (the artifical lights nuisance).

The amendments made by these Regulations enable reliance to be placed, upon appeal to the magistrates' court against an abatement notice which cites either an insect or artificial light statutory nuisance, on best practicable means having been used to abate, or to counteract the effects of, such nuisance. Section 79(1)(fa) (the insect nuisance) is added to the list of provisions at regulation 2(2)(e)(i) of the 1995 Regulations. Section 79(1)(fb) (the artificial light nuisance) is made the subject of a new regulation 2(2)(e)(iv) of the 1995 Regulations, providing that best practicable means is a ground of appeal against an abatement notice in respect of this nuisance where the artificial light is emitted either from industrial, trade or business premises, or by lights used for the purpose of illuminating an outdoor relevant sports facility (regulation 3).