Part 5Noise nuisance

Interpretation

53Meaning of “relevant place” and “relevant property”

1

In this Part—

  • “relevant place” means—

    1. a

      any place within accommodation (except, in the case of measurement of noise emitted from relevant property which is accommodation, that accommodation); and

    2. b

      such other place as may be prescribed;

  • “relevant property” means—

    1. a

      any accommodation;

    2. b

      any land belonging exclusively to, or enjoyed exclusively with, any accommodation;

    3. c

      any land not falling within paragraph (b)—

      1. i

        to which at least two persons have rights in common; and

      2. ii

        which is used by those persons as a private garden;

    4. d

      any common passage, close, court, stair, lift or yard pertinent to any tenement or group of separately owned houses; or

    5. e

      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.