Control of Pollution Act 1974

Summary proceedings to deal with noise E+W+S

[F1 58 Summary proceedings by local authorities. E+W+S

(1) Where a local authority is satisfied that noise amounting to a nuisance exists, or is likely to occur or recur, in the area of the local authority, the local authority shall serve a notice imposing all or any of the following requirements—

(a) requiring the abatement of the nuisance or prohibiting or restiricting its occurrence or recurrence;

(b) requiring the execution of such works, and the taking of such other steps, as many be necessary for the purpose of the notice or as may be specified in the notice;

and the notice shall specify the time or times within which the requirements of the notice are to be complied with.

(2) The notice shall be served on the person responsible for the nuisance or, if that person cannot be found or the nuisance has not yet occurred, on the owner or occupier of the premises from which the noise is emitted or would be emitted.

(3) The person served with the notice may appeal against the notice to a magistrates’ court within twenty- one days from service of the noice.

(4) If the person on whom a noice is served under this section without reasonable excuse contravenes any requirements of the notice, he shall be guilty of an offence against this Part of this Act.

(5) In proceedings for an offence under the preceding sub-section in respect of noise caused in the course of a trade or business, it shall be a defence to prove hat the best practicable means have been used for preventing, or for counteracting the effect of, the noise.

(6) In proceedings for an offence under subsection (4) of this section of contravening requiremens imposed by virtue of sub-section (1)(a) of this section 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 t his Act; or

(b) where the alleged offence was committed at a time when the pemises were subject to a notice under section 66 of this Act, that the level of noise emanating from the premises at that time was not such as to constitute a contravention of the noice under section 66; or

(c) where the alleged offence was committed at a time when the premises were not subject to a notice under section 66 of this Act, and when a level fixed under section 67 of this Act applied to the premises, that the level of noise emanating from the premises at that time did not exceed that level. Paragraphs (b) and (c) above apply whether or not the relevenat notice was subject ot appeal at the time when the offence was alleged to have been committed

(7) Where a nuisance which exists or has occurred within the area of a local authority, or which has affected any part of that area, appears to the local authority to be wholly or partly caused by some act or default committed or taking place outside its area, the local authority may act under this section as if the act or default were wholly within that area, exept that any appeal shall be heard by a magistrates’ court having jurisdiction where the act or default is alleged to have taken place.

(8) If a local authority is of opinion that proceedings for an offence under subsection(4) of this section would afford an inadequate remedy in the case of any noise which is a nuisance, they may take proceedings in the High Court or, in Scotland, in any court of competent jurisdiction for the purpose of securing the abatement, prohibition or restriction of the nuisance, and the proceedings shall be maintainable not withstanding that the local authority has suffered no damage from the nuisance; but in any proceedings taken in pursuance of this subsection it shall be a defence to prove that the noise was authorised by a notice under section 60 or a consent under section 61 of this Act.

(9) Section 1 of the Noise Abatement Act 1960 (which is superseded by this section) shall cease to have effect except as respects notices served by virtue of that section before the coming into force of this section.]

Textual Amendments

F1 S. 58 repealed (E.W) (N.I.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. III

Valid from 05/01/1994

[F2 58A Service of notice in respect of anticipated road noise or road noise from unattended vehicles, machinery or equipment. E+W+S

(1) In the case of road noise to which subsection (1) of section 58 of this Act applies and which—

(a) has not yet occurred; or

(b) is emitted from or caused by an unattended vehicle or unattended machinery or equipment;

any such notice as is mentioned in the said subsection (1) shall be served in accordance with subsection (2) below.

(2) The notice shall be served—

(a) where the person responsible for the vehicle, machinery or equipment can be found, on that person;

(b) where—

(i) that person cannot be found; or

(ii) the local authority determines that this paragraph shall apply,

by fixing the notice to the vehicle, machinery or equipment.

(3) Where a notice is fixed in accordance with subsection (2)(b)(ii) above but within an hour thereafter the person responsible for the vehicle, machinery or equipment can be found and served with a copy of the notice, then the copy shall be so served on him.

(4) A notice served in accordance with subsection (2)(b)(ii) above shall state that, if a copy of the notice is subsequently served under subsection (3) above, the time specified in the notice as the time within which its requirements are to be complied with is extended by such further period as is so specified.

(5) Where a notice is served in accordance with subsection (2)(b) above, the person responsible for the vehicle, machinery or equipment may appeal, under section 58(3) of this Act, against the notice as if he had been served with it on the date on which it was fixed to the vehicle, machinery or equipment.

(6) Section 58(4) of this Act shall apply in relation to a person on whom a copy of a notice is served under subsection (3) above as if the copy were the notice itself.

(7) A person who removes or interferes with a notice fixed, in accordance with subsection (2)(b) above, to a vehicle, machinery or equipment shall be guilty of an offence, unless he is, or does so with the authority of, the person responsible for the vehicle, machinery or equipment.

(8) A person who commits an offence under subsection (7) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.]

Textual Amendments

F2 Ss. 58A, 58B inserted (S.) (5.1.1994) by 1993 c. 40, ss. 6, 12(1), Sch. 1 para. 3

Valid from 05/01/1994

[F3 58B Actings where notice in respect of road noise not complied with. E+W+S

(1) Where a notice under section 58 of this Act in respect of road noise has not been complied with, the local authority may execute works to abate, restrict or prevent the recurrence of the nuisance and do whatever may be necessary in furtherance of the requirements specified in the notice.

(2) Any expenses reasonably incurred under subsection (1) above by a local authority may be recovered by them from any person on whom the notice under section 58 was duly served or by whose act or default the nuisance was caused; and the court may apportion those expenses between such persons in such manner as it considers fair and reasonable.]

Textual Amendments

F3 Ss. 58A, 58B inserted (S.) (5.1.1994) by 1993 c. 40, ss. 6, 12(1), Sch. 1 para. 3

[F4 59 Summary proceedings by occupier of premises. E+W+S

(1) A magistrates’ court may act under this section on a complaint made by the occupier of any premises on the ground that in his capacity as occupier of the premises he is aggrieved by noise amounting to a nuisance.

(2) If the magistrates’ court is satisfied that the alleged nuisance exists, or that although abated it is likely to recur on the same premises , the court shall make an order for either or both of the following purposes—

(a) requiring the defendant to abate the nuisance, within a time specified in the order, and to execute any works necessary for the purpose;

(b) prohibiting a recurrence of the nuisance, and requiring the defendant, within a time specified in the order, to execute any works necessary to prevent the recurrence.

(3) Proceedings under this section shall be brought against the person responsible for the nuisance or, if that person cannot be found, against the owner or occupier of the premises from which the noise is emitted, or would be emitted.

(4) A personwhowithout reasonable excuse contravenes any requirement of an order under subsection (2) of this section shall be guilty of an offence against this Part of this Act.

(5) In proceedings for an offence under this section in respect of noise caused in the course of a trade or business, it shall be a defence to prove that the best practicable means have been used for preventing , or for counteracting the effect of, the noise.

(6) If a person is convicted of an offence under subsection (4) of this section , a magistrataes’ court may, after giving the local authority in whose area the nuisance has occurred an opportunity of being heard, direct the authority to do anything which the person convicted was required to do by the order to which the conviction relates.

(7) In the application of this section to Scotland.—

(a) In subsection (1), for the reference to a complaint there shall be substituted a reference to a summary application;

(b) for the references to the defendant there shall be substituted reference to the person against whom the proceedings are taken.]

Textual Amendments

F4 S. 59 repealed (E.W.)(N.I.) by Environmental Protection Act 1990, (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. III

Valid from 05/01/1994

[F5 59A Supplementary provisions in relation to road noise. E+W+S

(1) Any person authorised by a local authority may on production (if so required) of his authority—

(a) enter or open a vehicle, machinery or equipment, if necessary by force; or

(b) remove a vehicle, machinery or equipment from a road to a secure place,

for the purpose of taking any action, or executing any work, authorised by this Part of this Act in relation to a nuisance caused by road noise.

(2) On leaving any unattended vehicle, machinery or equipment that he has entered or opened under subsection (1) above, a person shall, subject to subsection (3) below, leave it secured against interference or theft in such manner and as effectually as he found it.

(3) If the person is unable to comply with subsection (2) above, he shall for the purposes of securing the unattended vehicle, machinery or equipment either—

(a) immobilise it by such means as he considers expedient; or

(b) remove it from the road to a secure place.

(4) In carrying out any function under subsection (1), (2) or (3) above, a person shall not cause more damage than is necessary.

(5) Before a vehicle, machinery or equipment is entered, opened or removed under subsection (1) above, the local authority shall notify the police of the intention to take action under that subsection.

(6) After a vehicle, machinery or equipment has been removed under subsection (1) or (3) above, the local authority shall notify the police of its removal and current location.

(7) Notification under subsection (5) or (6) above may be given to the police at any police station in the local authority’s area.

(8) For the purposes of subsection (2) of section 58B of this Act, any expenses reasonably incurred by a local authority under subsection (2) or (3) above shall be treated as incurred by the authority under subsection (1) of that section.

(9) A person who wilfully obstructs any person who is acting in exercise of powers conferred by the foregoing provisions of this section shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(10) Nothing done in good faith under subsections (1) to (6) above by, or by a member of, a local authority or by any officer of, or other person authorised by, a local authority shall subject the authority, or any of them personally, to any action, liability, claim or demand whatsoever.]

Textual Amendments

F5 S. 59A inserted (S.) (5.1.1994) by 1993 c. 40, ss. 6, 12(1), Sch. 1 para. 5