Part 5Noise nuisance
Interpretation
53Meaning of “relevant place” and “relevant property”
1
In this Part—
“relevant place” means—
- a
any place within accommodation (except, in the case of measurement of noise emitted from relevant property which is accommodation, that accommodation); and
- b
such other place as may be prescribed;
- a
“relevant property” means—
- a
any accommodation;
- b
any land belonging exclusively to, or enjoyed exclusively with, any accommodation;
- c
any land not falling within paragraph (b)—
- i
to which at least two persons have rights in common; and
- ii
which is used by those persons as a private garden;
- i
- d
any common passage, close, court, stair, lift or yard pertinent to any tenement or group of separately owned houses; or
- e
such other place as may be prescribed.
- a
2
In subsection (1)—
“accommodation” means a building or other structure (or part of a building or other structure) used or intended to be used as a separate unit of accommodation (whether on a permanent basis or otherwise); and
“prescribed” means prescribed by the Scottish Ministers by order.