- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)In this section “statutory nuisance” has the meaning given by section 79(1)(g) or (ga) of the Environmental Protection Act 1990 (c.43).
(2)Noise from the carrying out of the Forth Crossing works does not constitute a statutory nuisance if the works are carried out in accordance with a consent given under section 61 of the Control of Pollution Act 1974 (c.40).
(3)Part 3 of the Environmental Protection Act 1990 (c.43) applies to other noise from the carrying out of the Forth Crossing works which is alleged to be a statutory nuisance with the following modifications—
(a)a ground for an appeal to an abatement notice served under section 80 or 80A is that the works to which the notice relates are being, or are going to be, carried out in accordance with Ministers’ duties in relation to noise in the code of construction practice,
(b)if an appeal includes that ground—
(i)the abatement notice is suspended (irrespective of any contrary statement included in the notice), and is not authority for any other action to be taken under Part 3, until the appeal has been abandoned or decided by the sheriff, and
(ii)the sheriff, if satisfied that works to which the notice relates are being or are going to be carried out in accordance with Ministers’ duties in relation to noise in the code of construction practice, must recall the abatement notice insofar as it relates to an alleged statutory nuisance, and
(c)a sheriff must not make an order under section 82(2) or 82(12) on the basis of an alleged statutory nuisance if satisfied that works to which the application relates are being, or are going to be, carried out in accordance with Ministers’ duties in relation to noise in the code of construction practice.
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.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: