Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8)

Part 5 S Noise nuisance

Interpretation S

53 Meaning of “relevant place” and “relevant property” S

(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;

• “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;

  (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.

(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.

54 Interpretation of Part 5 S

(1) In this Part—

• “fixed penalty notice” has the meaning given by section 46(1);

• “noise control period” has the meaning given by section 41(2)(b);

• “noise control provisions” has the meaning given by section 41(1);

• “offending property” has the meaning given by section 43(3)(a);

• “permitted level” has the meaning given by section 48(1); and

• “warning notice” has the meaning given by section 44(1).

(2) References in this Part to approved devices are references to devices of a type approved by virtue of section 49(1).