Part 5

Noise nuisance

Summary procedure for dealing with noise from certain places

Application of noise control provisions to local authority areas
41
1
Sections 43 to 47 (the “noise control provisions”) apply to the area of a local authority only if the authority has so resolved.
2
A resolution for the purpose of subsection (1) shall specify—
a
a date (being a date at least 2 months after the passing of the resolution) on and after which the noise control provisions are to have effect in the area of the authority (the “commencement date”); and
b
periods of the week during which noise is to be controlled by virtue of those provisions (each such period being a “noise control period”).
3
For the purpose of subsection (2)(b), a resolution may specify—
a
the whole week as a noise control period; and
b
different noise control periods for different—
i
areas;
ii
times of year; or
iii
other circumstances.
4
For the purpose of subsection (2)(b), a week begins on Monday.
5
If a local authority resolves to apply the noise control provisions to its area, it shall—
a
cause a notice to be published (in consecutive weeks with the second notice appearing at least a month before the commencement date) in a local newspaper circulating in its area; and
b
at least a month before the commencement date—
i
give a copy of the resolution to the Scottish Ministers; and
ii
give a copy of the notice mentioned in paragraph (a) to each local authority whose area adjoins its area.
6
A notice published under subsection (5)(a) shall—
a
state that the resolution has been passed;
b
state the commencement date; and
c
set out—
i
the general effect of the noise control provisions and sections 48, 49 and 51; and
ii
the noise control periods specified in the resolution.
7
Where a local authority is given a notice under subsection (5)(b)(ii), it shall take such steps as it considers necessary for the purpose of making persons in its area aware of the contents of the notice.