(1)A local authority must, if they receive a complaint of the kind mentioned in subsection (2), secure that an officer of the authority takes reasonable steps to investigate the complaint.
(2)The kind of complaint referred to is one made by any individual present in a dwelling during night hours (referred to in this Act as “the complainant’s dwelling”) that excessive noise is being emitted from another dwelling (referred to in this group of sections as “the offending dwelling”).
(3)A complaint under subsection (2) may be made by any means.
(4)If an officer of the authority is satisfied, in consequence of an investigation under subsection (1), that—
(a)noise is being emitted from the offending dwelling during night hours, and
(b)the noise, if it were measured from within the complainant’s dwelling, would or might exceed the permitted level,
he may serve a notice about the noise under section 3.
(5)For the purposes of subsection (4), it is for the officer of the authority dealing with the particular case—
(a)to decide whether any noise, if it were measured from within the complainant’s dwelling, would or might exceed the permitted level, and
(b)for the purposes of that decision, to decide whether to assess the noise from within or outside the complainant’s dwelling and whether or not to use any device for measuring the noise.
(6)In this group of sections, “night hours” means the period beginning with 11 p.m. and ending with the following 7 a.m.
(7)Where a local authority receive a complaint under subsection (2) and the offending dwelling is within the area of another local authority, the first local authority may act under this group of sections as if the offending dwelling were within their area, and accordingly may so act whether or not this group of sections applies to the area of the other local authority.
(8)In this section and sections 3 to 9, “this group of sections” means this and those sections.