Modifications etc. (not altering text)
C1Pt. III modified in part (6.4.2010) by The Cornwall Port Health Authority Order 2010 (S.I. 2010/1215), arts. 1(1), 4, Sch. (with art. 2)
C2Pt. III modified in part (E.) (6.4.2010) by The Bristol Port Health Authority Order 2010 (S.I. 2010/1214), arts. 1, 4, Sch.
C3Pt. III modified in part (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts. 1(1), 4, Sch.
C4Pt. III modified in part (6.4.2010) by The Southampton Port Health Authority Order 2010 (S.I. 2010/1218), arts. 1(1), 4, Sch.
C5Pt. III modified in part (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217), arts. 1(1), 4, Sch.
C6Pt. III applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2
C7Pt. III (ss. 57-74) extended (E.W.) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1)(3), Sch. 16 para. 1(1)(xxvii), Sch. 17 paras. 33, 35(1)
C8Pt. III (except ss. 70(2)(3)(5), 71(1)): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2
Pt. III (except ss. 70(2)(3)(5), 71(1)) modified (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2
C9Pt. III (except ss. 70(2)(3)(5), 71(1)): certain functions transferred (10.1.1992) by S.I. 1991/2913, art. 8(1)(3), Sch. 2
Pt. III (except ss. 70(2)(3)(5), 71(1)) modified (10.1.1992) by S.I. 1991/2913, art. 8(2)(3), Sch. 2
(1)If it appears to the local authority—
(a)that the level of noise emanating from any premises to which a noise abatement order applies is not acceptable having regard to the purposes for which the order was made; and
(b)that a reduction in that level is practicable at reasonable cost and would afford a public benefit,
the local authority may serve a notice on the person responsible.
(2)The notice shall require that person—
(a)to reduce the level of noise emanating from the premises to such level as may be specified in the notice;
(b)to prevent any subsequent increase in the level of noise emanating from those premises without the consent of the local authority; and
(c)to take such steps as may be specified in the notice to achieve those purposes.
(3)A notice under this section (in this Part of this Act referred to as a “noise reduction notice”) shall specify a time, not being less than six months from the date of service of the notice, within which the noise level is to be reduced to the specified level and, where the notice specifies any steps necessary to achieve that purpose, within which those steps shall be taken.
(4)A noise reduction notice may specify particular times, or particular days, during which the noise level is to be reduced, and may require the noise level to be reduced to different levels for different times or days.
(5)A notice under this section shall take effect whether or not a consent under the preceding section authorises a level of noise higher than that specified in the notice.
(6)The local authority shall record particulars of a noise reduction notice in the noise level register.
(7)A person who is served with a noise reduction notice may, within three months of the date of service, appeal to a magistrates’ court against the notice.
(8)A person who without reasonable excuse contravenes a noise reduction notice shall be guilty of an offence against this Part of this Act.
(9)In proceedings for an offence under the preceding subsection in respect of noise caused in the course of a trade or business, it shall be a defence to prove that the best practicable means had been used for preventing, or for counteracting the effect of, the noise.
Modifications etc. (not altering text)
C10Ss. 63-67 excluded (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 70(3), 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, sch.