C1C4C5C6C7C8C11C12C10C9 Part III Statutory Nuisances and Clean Air
Pt. 3 modified (E.) (6.4.2010) by The Bristol Port Health Authority Order 2010 (S.I. 2010/1214), art. 4, Sch.
Pt. 3 modified (E.) (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), art. 4, Sch.
Pt. 3 modified (E.) (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217), art. 4, Sch.
Pt. 3 modified (E.) (6.4.2010) by The Southampton Port Health Authority Order 2010 (S.I. 2010/1218), art. 4, Sch.
Pt. 3 applied (with modifications) (S.) (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 71(3), 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, sch.
Pt. 3 modified by S.I. 2010/675, Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (E.W.) (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)
Pt. III modified (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 23 paras. 1(3), 2 (with regs. 1(3), 77-79, Sch. 4)
Pt. III functions etc. assigned to the port health authority and modified (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))
Pt. III restricted (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 8 para. 39(2)(a)(vii) (with reg. 78, sch. 5 para. 2)
F1 Statutory nuisances . . .
Words in heading immediately preceding s. 79 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/186, art.3
E1E380 Summary proceedings for statutory nuisances.
1
F11Subject to subsection (2A) where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur, in the area of the authority, the local authority shall serve a notice (“an abatement notice”) imposing all or any of the following requirements—
a
requiring the abatement of the nuisance or prohibiting or restricting its occurrence or recurrence;
b
requiring the execution of such works, and the taking of such other steps, as may be necessary for any of those purposes,
and the notice shall specify the time or times within which the requirements of the notice are to be complied with.
2
F2Subject to section 80A(1) below, the abatement notice shall be served—
a
except in a case falling within paragraph (b) or (c) below, on the person responsible for the nuisance;
b
where the nuisance arises from any defect of a structural character, on the owner of the premises;
c
where the person responsible for the nuisance cannot be found or the nuisance has not yet occurred, on the owner or occupier of the premises.
F122A
Where a local authority is satisfied that a statutory nuisance falling within paragraph (g) of section 79(1) above exists, or is likely to occur or recur, in the area of the authority, the authority shall—
a
serve an abatement notice in respect of the nuisance in accordance with subsections (1) and (2) above; or
b
take such other steps as it thinks appropriate for the purpose of persuading the appropriate person to abate the nuisance or prohibit or restrict its occurrence or recurrence.
2B
If a local authority has taken steps under subsection (2A)(b) above and either of the conditions in subsection (2C) below is satisfied, the authority shall serve an abatement notice in respect of the nuisance.
2C
The conditions are—
a
that the authority is satisfied at any time before the end of the relevant period that the steps taken will not be successful in persuading the appropriate person to abate the nuisance or prohibit or restrict its occurrence or recurrence;
b
that the authority is satisfied at the end of the relevant period that the nuisance continues to exist, or continues to be likely to occur or recur, in the area of the authority.
2D
The relevant period is the period of seven days starting with the day on which the authority was first satisfied that the nuisance existed, or was likely to occur or recur.
2E
The appropriate person is the person on whom the authority would otherwise be required under subsection (2A)(a) above to serve an abatement notice in respect of the nuisance.
3
C24
If a person on whom an abatement notice is served, without reasonable excuse, contravenes or fails to comply with any requirement or prohibition imposed by the notice, he shall be guilty of an offence.
5
Except in a case falling within subsection (6) below, a person who commits an offence under subsection (4) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale together with a further fine of an amount equal to F18one-tenth of the greater of £5,000 or level 4 on the standard scale for each day on which the offence continues after the conviction.
6
A person who commits an offence under subsection (4) above on industrial, trade or business premises shall be liable on summary conviction to F16a fine.
7
Subject to subsection (8) below, in any proceedings for an offence under subsection (4) above in respect of a statutory nuisance it shall be a defence to prove that the best practicable means were used to prevent, or to counteract the effects of, the nuisance.
8
The defence under subsection (7) above is not available—
a
in the case of a nuisance falling within paragraph (a), (d), (e), (f) F8, (fa) or (g) of section 79(1) above except where the nuisance arises on industrial, trade or business premises;
F9aza
in the case of a nuisance falling within paragraph (fb) of section 79(1) above except where—
i
the artificial light is emitted from industrial, trade or business premises, or
ii
the artificial light (not being light to which sub-paragraph (i) applies) is emitted by lights used for the purpose only of illuminating an outdoor relevant sports facility;
F5aa
in the case of a nuisance falling within paragraph (ga) of section 79(1) above except where the noise is emitted from or caused by a vehicle, machinery or equipment being used for industrial, trade or business purposes;
b
in the case of a nuisance falling within paragraph (b) of section 79(1) above except where the smoke is emitted from a chimney; and
c
in the case of a nuisance falling within paragraph (c) or (h) of section 79(1) above.
F108A
For the purposes of subsection (8)(aza) a relevant sports facility is an area, with or without structures, that is used when participating in a relevant sport, but does not include such an area comprised in domestic premises.
8B
For the purposes of subsection (8A) “relevant sport” means a sport that is designated for those purposes by order made by the Secretary of State, in relation to England, or the National Assembly for Wales, in relation to Wales.
A sport may be so designated by reference to its appearing in a list maintained by a body specified in the order.
8C
In subsection (8A) “domestic premises” means—
a
premises used wholly or mainly as a private dwelling, or
b
land or other premises belonging to, or enjoyed with, premises so used.
9
In proceedings for an offence under subsection (4) above in respect of a statutory nuisance falling within paragraph (g) F6or (ga)of section 79(1) above where the offence consists in contravening requirements imposed by virtue of subsection (1)(a) above it shall be a defence to prove—
a
that the alleged offence was covered by a notice served under section 60 or a consent given under section 61 or 65 of the M1Control of Pollution Act 1974 (construction sites, etc); or
b
where the alleged offence was committed at a time when the premises were subject to a notice under section 66 of that Act (noise reduction notice), that the level of noise emitted from the premises at that time was not such as to a constitute a contravention of the notice under that section; or
c
where the alleged offence was committed at a time when the premises were not subject to a notice under section 66 of that Act, and when a level fixed under section 67 of that Act (new buildings liable to abatement order) applied to the premises, that the level of noise emitted from the premises at that time did not exceed that level.
10
Paragraphs (b) and (c) of subsection (9) above apply whether or not the relevant notice was subject to appeal at the time when the offence was alleged to have been committed.
E1E2C380 Summary proceedings for statutory nuisances.
1
Where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur, in the area of the authority, the local authority shall serve a notice (“an abatement notice”) imposing all or any of the following requirements—
a
requiring the abatement of the nuisance or prohibiting or restricting its occurrence or recurrence;
b
requiring the execution of such works, and the taking of such other steps, as may be necessary for any of those purposes,
and the notice shall specify the time or times within which the requirements of the notice are to be complied with.
2
F2Subject to section 80A(1) below, the abatement notice shall be served—
a
except in a case falling within paragraph (b) or (c) below, on the person responsible for the nuisance;
b
where the nuisance arises from any defect of a structural character, on the owner of the premises;
c
where the person responsible for the nuisance cannot be found or the nuisance has not yet occurred, on the owner or occupier of the premises.
3
C24
If a person on whom an abatement notice is served, without reasonable excuse, contravenes or fails to comply with any requirement or prohibition imposed by the notice, he shall be guilty of an offence.
F134A
Where a local authority have reason to believe that a person has committed an offence under subsection (4) above, the local authority may give that person a notice (a “fixed penalty notice”) in accordance with section 80ZA offering the person the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.
5
Except in a case falling within subsection (6) below, a person who commits an offence under subsection (4) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale together with a further fine of an amount equal to one-tenth of that level for each day on which the offence continues after the conviction.
6
A person who commits an offence under subsection (4) above on industrial, trade or business premises shall be liable on summary conviction to a fine not exceeding F7£40,000.
7
Subject to subsection (8) below, in any proceedings for an offence under subsection (4) above in respect of a statutory nuisance it shall be a defence to prove that the best practicable means were used to prevent, or to counteract the effects of, the nuisance.
8
The defence under subsection (7) above is not available—
a
in the case of a nuisance falling within paragraph (a), (d), (e), (f) or (g) of section 79(1) above except where the nuisance arises on industrial, trade or business premises;
F5aa
in the case of a nuisance falling within paragraph (ga) of section 79(1) above except where the noise is emitted from or caused by a vehicle, machinery or equipment being used for industrial, trade or business purposes;
b
in the case of a nuisance falling within paragraph (b) of section 79(1) above except where the smoke is emitted from a chimney; and
c
in the case of a nuisance falling within paragraph (c) or (h) of section 79(1) above.
9
In proceedings for an offence under subsection (4) above in respect of a statutory nuisance falling within paragraph (g) F6or (ga)of section 79(1) above where the offence consists in contravening requirements imposed by virtue of subsection (1)(a) above it shall be a defence to prove—
a
F14b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1910
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pt. III (ss. 79-85) applied: (E.W) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 167(2), 225(2) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6); (E.W.) (1.12.1991) by Land Drainage Act 1991 (c. 59, SIF 73:1), ss. 15(3), 76(2) (with ss. 67(3)(5)(8), 72(6), 74(3)(4)); and (1.8.1991) by S.I. 1991/1773, art. 8, Sch. 2
Pt. III (ss. 79-85) amended (27.8.1993) by 1993 c. 12, ss. 40, 49(2), Sch. 3 Pt. I para.7, Sch. 5 Pt. II para.8 (with ss. 42, 46)
Pt. III (ss. 79-85) excluded (27.8.1993) by 1993 c. 11, s. 42(4)
Pt. III (ss. 79-85) power to exclude conferred (27.8.1993) by 1993 c. 11, ss. 45(1)(a), 47(1)(a)