C1C2C3C4C6C8C11C10C5C7C9Part III Noise

Annotations:
Modifications etc. (not altering text)
C2

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

C3

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

C6

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.

C5

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

C7

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

C9

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

74 Penalties.

1

. . . F1, a person guilty of an offence against this Part of this Act shall be liable on summary conviction—

a

F6in the case of a first offence against this Part of this Act, to a fine not exceeding F2level 5 on the standard scaleF5; and

b

in the case of a second or subsequent offence against this Part of this Act, to a fine not exceeding F3level 5 on the standard scale,

together, in any case, with a further fine not exceeding £50 for each day on which the offence continues after the conviction.

F52

In determining whether an offence is a second or subsequent offence against this Part of this Act, account shall be taken of any offence—

a

under section 24 of the M1Public Health (Scotland) Act 1897 by way of contravening a decree or interdict relating to noise; or

b

under section 95 of the M2Public Health Act 1936 by way of contravening a nuisance order relating to noise, F4; or

c

under section 80(4) of the Environmental Protection Act 1990,

as if it were an offence against this Part of this Act.