Control of Pollution Act 1974

73 Interpretation and other supplementary provisions. E+W

(1) Except where the context otherwise requires, in this Part of this Act—

• “contravention” includes a failure to comply with the provision in question, and “contravene” shall be construed accordingly;

• “local authority” means—

(a) in England and Wales, the council of a district or a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple; and

(b) in Scotland, an islands or district council;

• “noise” includes vibration;

• “noise abatement order” and “noise abatement zone” have the meanings given by section 63 of this Act;

• “noise level register” has the meaning given by section 64(2) of this Act;

• “noise reduction notice” has the meaning given by section 66(3) of this Act;

• “person responsible”, in relation to the emission of noise, means the person to whose act, default or sufferance the noise is attributable;

• “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of . . . F1 , . . . F2 , [F3 or hydraulic power], and includes the Port Office;

• “work of engineering construction” means the construction, structural alteration, maintenance or repair of any railway line or siding or any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipeline, aqueduct, sewer, sewage works or gasholder.

(2) The area of a local authority which includes part of the seashore shall also include for the purposes of this Part of this Act, except sections 62 to 67, the territorial sea lying seawards from that part of the shore; and—

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) this Part of this Act (except sections 62 to 67 and this subsection) shall have effect, in relation to any area included in the area of a local authority by virtue of this subsection—

(i) As if references to premises and the occupier of premises included respectively a vessel and the master of a vessel, and

(ii) with such other modifications, if any, as are prescribed.

(3) Where more than one person is responsible for noise, this Part of this Act shall apply to each of those persons whether or not what any one of them is responsible for would by itself amount to a nuisance, or would result in a level of noise justifying action under this Part of this Act.

(4) This Part of this Act does not apply to noise caused by aircraft other than model aircraft and does not confer functions on port health authorities.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland.

Textual Amendments

F1 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 paras. 33, 35(1), Sch. 18

F2 “gas,” repealed by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I

F3 Words in s. 73(1) substituted (E.W.) by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 48(8), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

F4 S. 73(2)(a) repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. II

Modifications etc. (not altering text)

C4 S. 73 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxix), Sch. 8 para. 33

73 Interpretation and other supplementary provisions. S

(1) Except where the context otherwise requires, in this Part of this Act—

• “contravention” includes a failure to comply with the provision in question, and “contravene” shall be construed accordingly;

• [F5 “equipment” includes a musical instrument;]

• “local authority” means—

(a) in England and Wales, the council of a district or a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple; and

(b) in Scotland, an islands or district council;

• “noise” includes vibration;

• “noise abatement order” and “noise abatement zone” have the meanings given by section 63 of this Act;

• “noise level register” has the meaning given by section 64(2) of this Act;

• “noise reduction notice” has the meaning given by section 66(3) of this Act;

• “person responsible”, in relation to

[F6 (a)] the emission of noise, means the person to whose act, default or surrerance the noise is attributable;

[F6 (b) a vehicle, includes the person in whose name the vehicle is for the time being registered under [F7 the Vehicle Excise and Regulation Act 1994]] and any other person who is for the time being the driver of the vehicle;

(c) machinery or equipment, includes any person who is for the time being the operator (or where the equipment is a musical instrument, player) of the machinery or equipment;

• [F8 “road noise” has the meaning given by subsection (1) of section 58 of this Act but except in that subsection and in subsection (1A) of that section does not include noise made as is mentioned in paragraphs (a) to (c) of the said subsection (1A);]

• “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of . . . F9 , . . . F10 , hydraulic power or water, and includes the Port Office;

• “work of engineering construction” means the construction, structural alteration, maintenance or repair of any railway line or siding or any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipeline, aqueduct, sewer, sewage works or gasholder.

(2) The area of a local authority which includes part of the seashore shall also include for the purposes of this Part of this Act, except sections 62 to 67, the territorial sea lying seawards from that part of the shore; and—

F11 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) this Part of this Act (except sections 62 to 67 and this subsection) shall have effect, in relation to any area included in the area of a local authority by virtue of this subsection—

(i) As if references to premises and the occupier of premises included respectively a vessel and the master of a vessel, and

(ii) with such other modifications, if any, as are prescribed.

(3) Where more than one person is responsible for noise, this Part of this Act shall apply to each of those persons whether or not what any one of them is responsible for would by itself amount to a nuisance, or would result in a level of noise justifying action under this Part of this Act [F12 ; but a requirement for service under section 58(2) of this Act in respect of road noise, or under section 58A(2)(a) thereof, shall be satisfied by service on any one of them].

(4) This Part of this Act does not apply to noise caused by aircraft other than model aircraft and does not confer functions on port health authorities.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.

Textual Amendments

F5 Definition in s. 73(1) inserted (S.) (5.1.1994) by 1993 c. 40, ss. 6, 12(1), Sch. 1 para. 7(a)(i)

F6 Words in definition in s. 73(1) renumbered as para. (a) and paras. (b)(c) added (S.) (5.1.1994) by 1993 c. 40, ss. 6, 12(1), Sch. 1 para. 7(a)(ii).

F7 S. 73(1): words in para. (b) of the definition of “person responsible” substituted (1.9.1994) by 1994 c. 22, ss. 63, 66, Sch. 3 para. 7 (with s. 57(4))

F8 Definition in s. 73(1) inserted (S.) (5.1.1994) by 1993 c. 40, ss. 6, 12(1), Sch. 1 para. 7(a)(iii)

F9 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 paras. 33, 35(1), Sch. 18

F10 “gas,” repealed by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I

F11 S. 73(2)(a) repealed by Local Government, Planning and Land Act 1980 (c. 65), Sch. 34 Pt. II

F12 Words in s. 73(3) added (S.) (5.1.1994) by 1993 c. 40, ss. 6, 12(1), Sch. 1 para. 7(b)

Modifications etc. (not altering text)

C5 S. 73 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xxix), Sch. 8 para. 33

C6 S. 73 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xxii); S.I. 1996/218, art. 2