C8C9C10C7C11C12C4C5C6Part III Noise

Annotations:
Modifications etc. (not altering text)
C9

Pt. III modified in part (E.) (6.4.2010) by The Bristol Port Health Authority Order 2010 (S.I. 2010/1214), arts. 1, 4, Sch.

C12

Pt. 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

C5

Pt. 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

C6

Pt. 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

Supplemental

E1C173 Interpretation and other supplementary provisions.

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 . . . F1, 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;

F2aa

in Wales, the council of a county or a county borough;

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 . . . F3, . . . F4, F5or hydraulic power, and includes F6the 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—

F7a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

E2C373 Interpretation and other supplementary provisions. C2

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;

  • . . . F8

  • “local authority” means—

    1. a

      in England . . . F1, 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;

    2. aa

      F2in Wales, the council of a county or a county borough; and

    3. 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

F9a

the emission of noise, means the person to whose act, default or surrerance the noise is attributable;

F10b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F11 .

  • “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 . . . F3, . . . F4, F5or hydraulic power, and includes F6a universal service provider (within the meaning of F14Part 3 of the Postal Services Act 2011) in his capacity as a person who provides a universal postal service (within the meaning of F15that Part);

  • “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—

F12a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 . . . F13

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.