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.