C4C5C6C8C9C10C7C11C12C13C14Part III Noise

Annotations:
Modifications etc. (not altering text)
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

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

C13

Pt. III functions transferred and modified (E.) (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2

C14

Pt. III functions transferred and modified (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))

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—

    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;

  • F20...

  • F20...

  • F20...

  • F20...

  • “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 F18Part 3 of the Postal Services Act 2011) in his capacity as a person who provides a universal postal service (within the meaning of F19that 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 F21section 62 , the territorial sea lying seawards from that part of the shore; and—

F7a

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

b

this Part of this Act (except F21section 62 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;

  • F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “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 F18Part 3 of the Postal Services Act 2011) in his capacity as a person who provides a universal postal service (within the meaning of F19that 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 F16section 62, the territorial sea lying seawards from that part of the shore; and—

F10a

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

b

this Part of this Act (except F16section 62 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 . . . F11

F173A

In the definition of “statutory undertakers” in subsection (1), “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

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.