Part 5

Noise nuisance

Interpretation

Meaning of “relevant place” and “relevant property”
53
1
In this Part—
- “relevant place” means—
  1. any place within accommodation (except, in the case of measurement of noise emitted from relevant property which is accommodation, that accommodation); and
  2. such other place as may be prescribed;
- “relevant property” means—
  1. any accommodation;
  2. any land belonging exclusively to, or enjoyed exclusively with, any accommodation;
  3. any land not falling within paragraph (b)—
    1. to which at least two persons have rights in common; and
    2. which is used by those persons as a private garden;
  4. any common passage, close, court, stair, lift or yard pertinent to any tenement or group of separately owned houses; or
  5. such other place as may be prescribed.
2
In subsection (1)—
- “accommodation” means a building or other structure (or part of a building or other structure) used or intended to be used as a separate unit of accommodation (whether on a permanent basis or otherwise); and
- “prescribed” means prescribed by the Scottish Ministers by order.

Interpretation of Part 5
54
1
In this Part—
- “fixed penalty notice” has the meaning given by section 46(1);
- “noise control period” has the meaning given by section 41(2)(b);
- “noise control provisions” has the meaning given by section 41(1);
- “offending property” has the meaning given by section 43(3)(a);
- “permitted level” has the meaning given by section 48(1); and
- “warning notice” has the meaning given by section 44(1).
2
References in this Part to approved devices are references to devices of a type approved by virtue of section 49(1).