Part 5

Noise nuisance

Summary procedure for dealing with noise from certain places

Revocation or variation of resolution under section 41
42
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.