Part 5Noise nuisance

Summary procedure for dealing with noise from certain places

42Revocation or variation of resolution under section 41

1

A local authority may by resolution—

a

revoke the resolution made for the purpose of section 41(1);

b

revoke any noise control period specified in that resolution; or

c

specify noise control periods—

i

in addition to; or

ii

in substitution for,

any such noise control period.

2

A resolution under subsection (1) shall specify a date (being a date at least 2 months after the passing of the resolution) on which the provision made by the resolution shall come into effect (the “effective date”).

3

If a local authority passes a resolution under subsection (1), it shall—

a

cause a notice to be published (in consecutive weeks with the second notice appearing at least a month before the effective date) in a local newspaper circulating in its area; and

b

at least a month before the effective 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.

4

A notice published under subsection (3)(a) shall—

a

state that the resolution has been passed;

b

state the effective date; and

c

set out the provision made by the resolution.

5

Where a local authority is given a copy of a notice under subsection (3)(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.