49.—(1) This Article applies—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)to a noise reduction notice; and
(c)to an order of a court of summary jurisdiction under Article F2... 45(6),
being a notice or order which requires any person to execute any works.
(2) If that person fails to execute all or any of the works in accordance with the notice or order, the district council may execute those works.
(3) Where a district council executes works under—
(a)ArticleF3... 45(7); or
(b)this Article,
the district council may recover from the person in default the expenditure incurred by the council in executing the works, except such of the expenditure as that person shows was unnecessary in the circumstances.
(4) In proceedings to recover any amount due to a district council under paragraph (3) in respect of works executed by the council under this Article, it shall not be open to the person in default to raise any question which he could have raised on an appeal against the notice or order.
(5) In this Article “the person in default” means—
F4(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)in a case under Article 45(7), the person convicted of an offence under paragraph (5) of that Article, and
(iii)in any other case, the person to whom the notice or order applies.
F1Art. 49(1)(a) repealed (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 4 Pt. 5; S.R. 2012/13, art. 2(2), Sch. 2
F2Words in art. 49(1)(c) repealed (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 4 Pt. 5; S.R. 2012/13, art. 2(2), Sch. 2
F3Words in art. 49(3) repealed (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 4 Pt. 5; S.R. 2012/13, art. 2(2), Sch. 2
F4Art. 49(5)(i) repealed (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 4 Pt. 5; S.R. 2012/13, art. 2(2), Sch. 2
50.—(1) Regulations may make provision as to appeals under this Part to the Department or to courts of summary jurisdiction; and the regulations may in particular—
(a)include provisions comparable to those in section 42 of the Public Health Acts Amendment Act 1907 [1907 c.53] (appeals against notices requiring the execution of works);
(b)prescribe the cases in which a notice under this Part is, or is not, to be suspended until the appeal is decided, or until some other stage in the proceedings;
(c)prescribe the cases in which the decision on appeal may in some respects be less favourable to the appellant than the decision from which he is appealing;
(d)prescribe the cases in which the appellant may claim that a notice should have been served on some other person and prescribe the procedure to be followed in those cases.
(2) Regulations may prescribe the procedure and practice as respect appeals to the Department under this Part, and in particular may make provision as respects—
(a)the particulars to be included in the notice of appeal;
(b)the persons on whom notice of appeal is to be served and the particulars, if any, to accompany the notice; and
(c)the abandonment of an appeal.
(3) In entertaining any appeal under this Part the Department or, as the case may be, the court of summary jurisdiction shall have regard to any duty imposed by law on the appellant which concerns the activities in the course of which the noise is emitted.
51.—(1) For the purpose of giving guidance on appropriate methods (including the use of specified types of plant or machinery) for minimising noise the Department may by order—
(a)prepare and approve and issue such codes of practice as in the opinion of the Department are suitable for the purpose; and
(b)approve such codes of practice issued or proposed to be issued otherwise than by the Department as in the opinion of the Department are suitable for the purpose.
(2) The Department shall by order under paragraph (1)( a) or ( b) approve a code of practice for the carrying out of works to which Article 40 applies.
52.—(1) This Article shall apply for the construction of references in this Part to best practicable means.
(2) In that expression “practicable” means reasonably practicable having regard among other things to local conditions and circumstances, to the current state of technical knowledge and to the financial implications.
(3) The means to be employed include the design, installation, maintenance and manner and periods of operation of plant and machinery, and the design, construction and maintenance of buildings and acoustic structures.
(4) The test of best practicable means is to apply only so far as compatible with any duty imposed by law, and in particular is to apply to statutory undertakers only so far as compatible with the duties imposed on them in their capacity of statutory undertakers.
(5) The said test is to apply only so far as compatible with safety and safe working conditions, and with the exigencies of any emergency or unforeseeable circumstances.
(6) Subject to paragraphs (1) to (5), regard shall be had, in construing references to “best practicable means”, to any relevant provision of a code of practice approved under Article 51.
53.—(1) In this Part—
[F5“electricity undertaker” means a holder of a licence under Article 10(1) of the Electricity (Northern Ireland) Order 1992]
“noise” includes vibration;
“noise abatement order” and “noise abatement zone” have the meanings given by Article 43;
“noise level register” has the meaning given by Article 44(2);
“noise reduction notice” has the meaning given by Article 46(3);
“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 statutory provision to carry on any railway, light railway, tramway, road transport, dock, harbour, pier or lighthouse undertaking,F6. . . [F5,or an electricity [F7,water] undertaker], and includes the Post 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, [F8waste water treatment works] or gasholder.
(2) The district of a district council which is bounded by or is to seaward of the high-water mark of mean tides shall also include for the purposes of this Part except Articles 42 to 47, the territorial sea which is outside that district to seaward of any place where that mark is within or on the boundary of that district; and—
Sub.‐para. (a) rep. by 1985 NI 15
(b)this Part (except Articles 42 to 47 and this paragraph) shall have effect, in relation to any district included in the district of a district council under this paragraph—
(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 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.
(4) This Part does not apply to noise caused by aircraft other than model aircraft and does not confer functions on port health authorities.
F7Words in art. 53(1) in definition of "statutory undertakers" inserted (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(1), Sch. 12 para. 14(2)(a) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)
F8Words in art. 53(1) in definition of "work of engineering construction" substituted (1.4.2007) by Water and Sewerage Services (Northern Ireland) Order 2006 (S.I. 2006/3336 (N.I. 21)), arts. 1(2), 308(1), Sch. 12 para. 14(2)(b) (with arts. 8(8), 121(3), 307); S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)
54.—(1) A person guilty of an offence against any provision of this Part shall be liable on summary conviction to a fine not exceeding[F9 level five on the standard scale]; and where a person is guilty of an offence against that provision within one year after the conviction he shall be guilty of a further offence and shall be liable, in addition to that fine, to a fine not exceeding £50 for every day subsequent to the day on which he is first convicted of an offence under that provision on which that provision is contravened.
[F10(2) In determining whether an offence is a further offence against this Part, account shall be taken of any offence under section 65(9) of the Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 where the offence consists of contravening an abatement notice relating to noise and of any offence under section 70(10) of that Act where the prohibition relates to noise as if it were an offence against this Part.]
F10Art. 54(2) substituted (1.4.2012) by Clean Neighbourhoods and Environment Act (Northern Ireland) 2011 (c. 23), s. 78, Sch. 3 para. 9(3); S.R. 2012/13, art. 2(2), Sch. 2