InterpretationS
53Meaning 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.
54Interpretation of Part 5S
(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).