Noise Act 1996 (c. 37)

SCHEDULE E+W+N.I. Powers in relation to seized equipment

Extent Information

E1 In its application to Northern Ireland, this Schedule has effect subject to the modifications set out in s. 14; see 14(4)

Commencement Information

I1 Sch. wholly in force; Sch. not in force at Royal Assent see s. 14(2); Sch. in force for England and Wales for specified purposes at 19.9.1996 by S.I. 1996/2219, art. 3; Sch. in force at 23.7.1997 insofar as not already in force for England and Wales by S.I. 1997/1695, art. 2; Sch. in force at 1.9.1997 for Northern Ireland by S.R. 1997/366, art. 2

Introductory E+W+N.I.

1 E+W+N.I. In this Schedule—

(a) a “noise offence” means—

(i) in relation to equipment seized under section 10(2) of this Act, an offence under section 4 [F1 or 4A ] of this Act, and

(ii) in relation to equipment seized under [F2 section 81(3) of the M1 Environmental Protection Act 1990] [F2 section 67(5) of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011] (as extended by section 10(7) of this Act), an offence under [F3 section 80(4)] [F3 section 65(9)] of that Act in respect of a statutory nuisance falling within [F4 section 79(1)(g)] [F4 section 63(1)(i)] of that Act,

(b) “seized equipment” means equipment seized in the exercise of the power of seizure and removal conferred by section 10(2) of this Act or [F5 section 81(3) of the Environmental Protection Act 1990 ] [F5 section 67(5) of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 ] (as so extended),

(c) “related equipment”, in relation to any conviction of or proceedings for a noise offence, means seized equipment used or alleged to have been used in the commission of the offence,

(d) “responsible local authority”, in relation to seized equipment, means the local authority by or on whose behalf the equipment was seized.

Textual Amendments

F1 Words in Sch. para. 1(a)(i) 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. 14; S.I. 2006/2006, art. 2; S.I. 2006/2797, art. 4(kk) and words in Sch. para. 1(a)(i) inserted (N.I.) (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 1 para. 13; S.R. 2012/13, art. 2(2), Sch. 2

F2 Words in Sch. para. 1(a)(ii) substituted (N.I.) (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 3 para. 14(3)(a)(i); S.R. 2012/13, art. 2(2), Sch. 2

F3 Words in Sch. para. 1(a)(ii) substituted (N.I.) (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 3 para. 14(3)(a)(ii); S.R. 2012/13, art. 2(2), Sch. 2

F4 Words in Sch. para. 1(a)(ii) substituted (N.I.) (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 3 para. 14(3)(a)(iii); S.R. 2012/13, art. 2(2), Sch. 2

F5 Words in Sch. para. 1(b) substituted (N.I.) (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 3 para. 14(3)(b); S.R. 2012/13, art. 2(2), Sch. 2

Marginal Citations

M1 1990 c. 43.