Search Legislation

Noise Act 1996

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Seizure, etc. of equipment used to make noise unlawfully

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Noise Act 1996, Cross Heading: Seizure, etc. of equipment used to make noise unlawfully. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Seizure, etc. of equipment used to make noise unlawfullyE+W+N.I.

10 Powers of entry and seizure etc.E+W+N.I.

(1)The power conferred by subsection (2) may be exercised where an officer of a local authority has reason to believe that—

(a)a warning notice has been served in respect of noise emitted from a dwelling [F1or other premises], and

(b)at any time in the period specified in the notice, noise emitted from the dwelling [F2or other premises] has exceeded the permitted level, as measured from within the complainant’s dwelling.

(2)An officer of the local authority, or a person authorised by the authority for the purpose, may enter the dwelling [F3or other premises] from which the noise in question is being or has been emitted and may seize and remove any equipment which it appears to him is being or has been used in the emission of the noise.

(3)A person exercising the power conferred by subsection (2) must produce his authority, if he is required to do so.

(4)If it is shown to a justice of the peace on sworn information in writing that—

(a)a warning notice has been served in respect of noise emitted from a dwelling [F4or other premises],

(b)at any time in the period specified in the notice, noise emitted from the dwelling [F5or other premises ] has exceeded the permitted level, as measured from within the complainant’s dwelling, and

(c)entry of an officer of the local authority, or of a person authorised by the authority for the purpose, to the dwelling [F6or other premises] has been refused, or such a refusal is apprehended, or a request by an officer of the authority, or of such a person, for admission would defeat the object of the entry,

the justice may by warrant under his hand authorise the local authority, by any of their officers or any person authorised by them for the purpose, to enter the [F7dwelling or other] premises, if need be by force.

(5)A person who enters any [F8dwelling or other] premises under subsection (2), or by virtue of a warrant issued under subsection (4), may take with him such other persons and such equipment as may be necessary; and if, when he leaves, [F9the dwelling is, or the other premises are, unoccupied, must leave it or them as effectively secured against trespassers as he found it or them. ].

(6)A warrant issued under subsection (4) continues in force until the purpose for which the entry is required has been satisfied.

(7)The power of a local authority under [F10section 81(3) of the M1Environmental Protection Act 1990] [F10section 67(5) of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ] to abate any matter, where that matter is a statutory nuisance by virtue of [F11section 79(1)(g)] [F11section 63(1)(i) ] of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance), includes power to seize and remove any equipment which it appears to the authority is being or has been used in the emission of the noise in question.

(8)A person who wilfully obstructs any person exercising any powers conferred under subsection (2) or by virtue of subsection (7) is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(9)The Schedule to this Act (which makes further provision in relation to anything seized and removed by virtue of this section) has effect.

Extent Information

E1S. 10(7) extends to England and Wales only.

In its application to Northern Ireland, this section has effect subject to the modifications set out in s. 14; see 14(4)

Textual Amendments

F1Words in s. 10(1)(a) inserted (E.W.) (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 13(2)(a); S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk) and words in s. 10(1)(a) inserted (N.I.) (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 1 para. 12(2)(a); S.R. 2012/13, art. 2(2), Sch. 2

F2Words in s. 10(1)(b) inserted (E.W.) (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 13(2)(b); S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk) and words in s. 10(1)(b) inserted (N.I.) (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 1 para. 12(2)(b); S.R. 2012/13, art. 2(2), Sch. 2

F3Words in s. 10(2) inserted (E.W.) (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 13(3); S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk) and words in s. 10(2) inserted (N.I.) (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 1 para. 12(3); S.R. 2012/13, art. 2(2), Sch. 2

F4Words in s. 10(4)(a) inserted (E.W.) (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 13(4)(a); S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk) and words in s. 10(4)(a) inserted (N.I.) (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 1 para. 12(4)(a); S.R. 2012/13, art. 2(2), Sch. 2

F5Words in s. 10(4)(b) inserted (E.W.) (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 13(4)(b); S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk) and words in s. 10(4)(b) inserted (N.I.) (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 1 para. 12(4)(b); S.R. 2012/13, art. 2(2), Sch. 2

F6Words in s. 10(4)(c) inserted (E.W.) (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 13(4)(c); S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk) and words in s. 10(4)(c) inserted (N.I.) (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 1 para. 12(4)(c); S.R. 2012/13, art. 2(2), Sch. 2

F7Words in s. 10(4) inserted (E.W.) (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 13(4)(d); S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk) and words in s. 10(4) inserted (N.I.) (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 1 para. 12(4)(d); S.R. 2012/13, art. 2(2), Sch. 2

F8Words in s. 10(5) inserted (E.W.) (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 13(5)(a); S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk) and words in s. 10(5) inserted (N.I.) (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 1 para. 12(5)(a); S.R. 2012/13, art. 2(2), Sch. 2

F9Words in s. 10(5) substituted (E.W.) (1.10.2006 for E., 15.3.2007 (being the date on which S.I. 2007/739 came into force) for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 1 para. 13(5)(b); S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk) and words in s. 10(5) substituted (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 1 para. 12(5)(b); S.R. 2012/13, art. 2(2), Sch. 2

Commencement Information

I1S. 10 wholly in force; s. 10 not in force at Royal Assent see s. 14(2); s. 10(7) fully in force and s. 10(8)(9) in force for England and Wales for specified purposes at 19.9.1996 by S.I. 1996/2219, art. 2; s. 10 in force at 23.7.1997 insofar as not already in force for Englnad and Waled by S.I. 1997/1695, art. 2; s. 10 in force at 1.9.1997 for Northern Ireland by S.R. 1997/366, art. 2

Marginal Citations

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources