Antisocial Behaviour etc. (Scotland) Act 2004

42 Revocation 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.