SCHEDULE 1Nuisance Caused by Noise in Roads in Scotland
1
The 1974 Act shall be amended as follows.
2
In section 58 (summary proceedings to deal with noise)—
(a)
in subsection (1), after the word “nuisance” where it first occurs there shall be inserted “(including without prejudice to the generality of this subsection but subject to subsection (1A) below “road noise”, that is to say noise emitted from or caused by a vehicle, machinery or equipment in a road)”;
(b)
“(1A)
Subsection (1) above does not apply to road noise made—
(a)
by traffic;
(b)
by any naval, military or air force of the Crown or by any such body, contingent or detachment of the forces of any country as is a visiting force for the purposes of the M1Visiting Forces Act 1952; or
(c)
by a political demonstration or a demonstration supporting or opposing a cause or campaign.”;
(c)
in subsection (2), after the word “occurred” there shall be inserted “(and the noise in question is not road noise)”;
(d)
in subsection (6), in each of paragraphs (b) and (c), for the words “the premises” where they first occur, there shall be substituted “premises to which the offence relates”; and
(e)
“(10)
This section is subject to section 58A of this Act.”.
3
“58AService of notice in respect of anticipated road noise or road noise from unattended vehicles, machinery or equipment.
(1)
In the case of road noise to which subsection (1) of section 58 of this Act applies and which—
(a)
has not yet occurred; or
(b)
is emitted from or caused by an unattended vehicle or unattended machinery or equipment;
any such notice as is mentioned in the said subsection (1) shall be served in accordance with subsection (2) below.
(2)
The notice shall be served—
(a)
where the person responsible for the vehicle, machinery or equipment can be found, on that person;
(b)
where—
(i)
that person cannot be found; or
(ii)
the local authority determines that this paragraph shall apply,
by fixing the notice to the vehicle, machinery or equipment.
(3)
Where a notice is fixed in accordance with subsection (2)(b)(ii) above but within an hour thereafter the person responsible for the vehicle, machinery or equipment can be found and served with a copy of the notice, then the copy shall be so served on him.
(4)
A notice served in accordance with subsection (2)(b)(ii) above shall state that, if a copy of the notice is subsequently served under subsection (3) above, the time specified in the notice as the time within which its requirements are to be complied with is extended by such further period as is so specified.
(5)
Where a notice is served in accordance with subsection (2)(b) above, the person responsible for the vehicle, machinery or equipment may appeal, under section 58(3) of this Act, against the notice as if he had been served with it on the date on which it was fixed to the vehicle, machinery or equipment.
(6)
Section 58(4) of this Act shall apply in relation to a person on whom a copy of a notice is served under subsection (3) above as if the copy were the notice itself.
(7)
A person who removes or interferes with a notice fixed, in accordance with subsection (2)(b) above, to a vehicle, machinery or equipment shall be guilty of an offence, unless he is, or does so with the authority of, the person responsible for the vehicle, machinery or equipment.
(8)
A person who commits an offence under subsection (7) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
58BActings where notice in respect of road noise not complied with.
(1)
Where a notice under section 58 of this Act in respect of road noise has not been complied with, the local authority may execute works to abate, restrict or prevent the recurrence of the nuisance and do whatever may be necessary in furtherance of the requirements specified in the notice.
(2)
Any expenses reasonably incurred under subsection (1) above by a local authority may be recovered by them from any person on whom the notice under section 58 was duly served or by whose act or default the nuisance was caused; and the court may apportion those expenses between such persons in such manner as it considers fair and reasonable.”.
4
In section 59 (summary application by occupier of premises aggrieved by noise amounting to nuisance)—
(a)
in subsection (2), after the word “premises” there shall be inserted “(or, where the noise in question is road noise, in the same road)”; and
(b)
“; or
(b)
in the case of road noise emitted from or caused by an unattended vehicle or unattended machinery or equipment, against the person responsible for the vehicle, machinery or equipment.”.
5
“59ASupplementary provisions in relation to road noise.
(1)
Any person authorised by a local authority may on production (if so required) of his authority—
(a)
enter or open a vehicle, machinery or equipment, if necessary by force; or
(b)
remove a vehicle, machinery or equipment from a road to a secure place,
for the purpose of taking any action, or executing any work, authorised by this Part of this Act in relation to a nuisance caused by road noise.
(2)
On leaving any unattended vehicle, machinery or equipment that he has entered or opened under subsection (1) above, a person shall, subject to subsection (3) below, leave it secured against interference or theft in such manner and as effectually as he found it.
(3)
If the person is unable to comply with subsection (2) above, he shall for the purposes of securing the unattended vehicle, machinery or equipment either—
(a)
immobilise it by such means as he considers expedient; or
(b)
remove it from the road to a secure place.
(4)
In carrying out any function under subsection (1), (2) or (3) above, a person shall not cause more damage than is necessary.
(5)
Before a vehicle, machinery or equipment is entered, opened or removed under subsection (1) above, the local authority shall notify the police of the intention to take action under that subsection.
(6)
After a vehicle, machinery or equipment has been removed under subsection (1) or (3) above, the local authority shall notify the police of its removal and current location.
(7)
Notification under subsection (5) or (6) above may be given to the police at any police station in the local authority’s area.
(8)
For the purposes of subsection (2) of section 58B of this Act, any expenses reasonably incurred by a local authority under subsection (2) or (3) above shall be treated as incurred by the authority under subsection (1) of that section.
(9)
A person who wilfully obstructs any person who is acting in exercise of powers conferred by the foregoing provisions of this section shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(10)
Nothing done in good faith under subsections (1) to (6) above by, or by a member of, a local authority or by any officer of, or other person authorised by, a local authority shall subject the authority, or any of them personally, to any action, liability, claim or demand whatsoever.”.
6
In section 69 (execution of works by local authority), at the end of paragraph (a) of subsection (1) there shall be added “, other than a notice in respect of road noise”.
7
In section 73 (interpretation etc.)—
(a)
in subsection (1)—
(i)
““equipment” includes a musical instrument;”;
(ii)
“(b)
a vehicle, includes the person in whose name the vehicle is for the time being registered under the M2Vehicles (Excise) Act 1971 and any other person who is for the time being the driver of the vehicle;
(c)
machinery or equipment, includes any person who is for the time being the operator (or where the equipment is a musical instrument, player) of the machinery or equipment;”; and
(iii)
““road noise” has the meaning given by subsection (1) of section 58 of this Act but except in that subsection and in subsection (1A) of that section does not include noise made as is mentioned in paragraphs (a) to (c) of the said subsection (1A);”; and
(b)
in subsection (3), at the end there shall be added “; but a requirement for service under section 58(2) of this Act in respect of road noise, or under section 58A(2)(a) thereof, shall be satisfied by service on any one of them”.
8
In section 74 (penalties), at the beginning of subsection (1) there shall be inserted “Subject to sections 58A(8) and 59A(9) of this Act,”.
SCHEDULE 2Consent to the Operation of Loudspeakers in Streets or Roads
Local authority consent
1
(1)
Subject to sub-paragraph (2), on an application made by any person, the local authority may consent to the operation in its area of a loudspeaker in contravention of section 62(1) of the 1974 Act.
(2)
A consent shall not be given to the operation of a loudspeaker in connection with any election or for the purpose of advertising any entertainment, trade or business.
2
A consent may be granted subject to such conditions as the local authority considers appropriate.
Procedure
3
An application for a consent shall be made in writing and shall contain such information as the local authority may reasonably require.
4
(1)
Where an application is duly made to the local authority for a consent, the authority shall determine the application and notify the applicant in writing of its decision within the period of twenty-one days beginning with the day on which the application is received by the authority.
(2)
In a case where a consent is granted, the notification under sub-paragraph (1) shall specify the conditions, if any, subject to which the consent is granted.
5
An applicant for a consent shall pay such reasonable fee in respect of his application as the local authority may determine.
Publication of consent
6
Where the local authority grants a consent, the authority may cause a notice giving details of that consent to be published in a local newspaper circulating in its area.
Interpretation
7
In this Schedule “a consent” means a consent under paragraph 1.
SCHEDULE 3Audible Intruder Alarms
Installation of new alarms
1
(1)
A person who installs an audible intruder alarm on or in any premises shall ensure—
(a)
that the alarm complies with any prescribed requirements, and
(b)
that the local authority is notified within 48 hours of the installation.
(2)
A person who without reasonable excuse contravenes sub-paragraph (1) shall be guilty of an offence and liable on summary conviction—
(a)
where the alarm does not comply with any prescribed requirements, to a fine not exceeding level 5 on the standard scale, and
(b)
in any other case, to a fine not exceeding level 2 on the standard scale.
Operation of alarms before second appointed day
2
(1)
A person who is the occupier of any premises when (on or after the first appointed day) an audible intruder alarm is installed on or in the premises shall not permit the alarm to be operated unless paragraph 5 is satisfied.
(2)
A person who without reasonable excuse contravenes sub-paragraph (1) shall be guilty of an offence and liable on summary conviction—
(a)
where the alarm does not comply with any prescribed requirements, to a fine not exceeding level 5 on the standard scale, and
(b)
in any other case, to a fine not exceeding level 2 on the standard scale.
3
(1)
A person who (on or after the first appointed day) becomes the occupier of any premises on or in which an audible intruder alarm has been installed, shall not permit the alarm to be operated unless paragraph 5 is satisfied.
(2)
A person who without reasonable excuse contravenes sub-paragraph (1) shall be guilty of an offence and liable on summary conviction—
(a)
where the alarm does not comply with any prescribed requirements, to a fine not exceeding level 4 on the standard scale, and
(b)
in any other case, to a fine not exceeding level 2 on the standard scale.
Operation of alarms on or after second appointed day
4
(1)
The occupier of any premises shall not permit any audible intruder alarm installed on or in those premises to be operated unless paragraph 5 is satisfied.
(2)
A person who without reasonable excuse contravenes sub-paragraph (1) shall be guilty of an offence and liable on summary conviction—
(a)
where the alarm does not comply with any prescribed requirements, to a fine not exceeding level 5 on the standard scale, and
(b)
in any other case, to a fine not exceeding level 2 on the standard scale.
Requirements for operation of alarms
5
(1)
This paragraph is satisfied if—
(a)
the alarm complies with any prescribed requirements,
(b)
the police have been notified in writing of the names, addresses and telephone numbers of the current key-holders, and
(c)
the local authority has been informed of the address of the police station to which notification has been given under paragraph (b).
(2)
Notification under sub-paragraph (1)(b) may be given to the police at any police station in the local authority’s area.
Entry to premises
6
(1)
Where—
(a)
an intruder alarm installed on or in any premises is operating audibly more than one hour after it was activated, and
(b)
the audible operation of the alarm is such as to give persons living or working in the vicinity of the premises reasonable cause for annoyance,
an officer of the local authority who has been authorised (whether generally or specially) for that purpose may, on production (if so required) of his authority, enter the premises to turn off the alarm.
(2)
An officer may not enter premises by force under this paragraph.
7
(1)
If, on an application made by an officer of the local authority who has been authorised (whether generally or specially) for that purpose, a justice of the peace is satisfied—
(a)
that an intruder alarm installed on or in any premises is operating audibly more than one hour after it was activated,
(b)
that the audible operation of the alarm is such as to give persons living or working in the vicinity of the premises reasonable cause for annoyance,
(c)
where notification of any current key-holders has been given in accordance with paragraph 5(1)(b), that the officer has taken steps to obtain access to the premises with their assistance, and
(d)
that the officer has been unable to obtain access to the premises without the use of force,
the justice may issue a warrant authorising the officer to enter the premises, if need be by force.
(2)
Before applying for such a warrant, an officer shall leave a notice at the premises stating—
(a)
that the audible operation of the alarm is such as to give persons living or working in the vicinity reasonable cause for annoyance, and
(b)
that an application is to be made to a justice of the peace for a warrant authorising the officer to enter the premises and turn off the alarm.
(3)
An officer shall not enter premises by virtue of this paragraph unless he is accompanied by a constable.
(4)
A warrant under this paragraph shall continue in force until the alarm has been turned off and the officer has complied with paragraph 10.
8
An officer who enters premises by virtue of paragraph 6 or 7 may take with him such other persons and such equipment as may be necessary to turn off the alarm.
9
A person who enters premises by virtue of paragraph 6, 7 or 8 shall not cause more damage or disturbance than is necessary.
10
An officer who has entered premises by virtue of paragraph 6 or 7 which are unoccupied or from which the occupier is temporarily absent shall—
(a)
after the alarm has been turned off, re-set it if reasonably practicable,
(b)
leave a notice at the premises stating what action has been taken on the premises under this Schedule, and
(c)
leave the premises, so far as reasonably practicable, as effectually secured against trespassers as he found them.
Recovery of expenses
11
Where any premises are entered by virtue of paragraph 6 or 7 in a case where the occupier of those premises has committed an offence under paragraph 2, 3 or 4, any expenses reasonably incurred by the local authority in connection with the entry, turning off the alarm or complying with paragraph 10 may be recovered by the authority from that occupier.
Protection from personal liability
12
Nothing done by, or by a member of, a local authority or by an officer of or another person authorised by a local authority shall, if done in good faith for the purposes of this Schedule, subject them or any of them personally to any action, liability, claim or demand whatsoever, other than any liability under section 19 or 20 of the M3Local Government Finance Act 1982 (powers of district auditor and court).
Interpretation
13
(1)
In this Schedule references to the first appointed day or the second appointed day are to be read in accordance with section 9(2).
(2)
In this Schedule—
“justice of the peace”, in relation to Scotland, includes a sheriff;
“key-holders”, in relation to an alarm, means—
(a)
two persons, other than the occupier of the premises on or in which the alarm is installed, each of whom holds keys sufficient to obtain access to those premises, or
(b)
a company which holds keys sufficient to obtain access to those premises, from which those keys can be obtained at any time and the business of which consists of or includes the service of holding keys for occupiers of premises;
“occupier”—
(a)
in relation to premises that are unoccupied, means any person entitled to occupy the premises, and
(b)
in relation to premises comprising a building that is being erected, constructed, altered, improved, maintained, cleaned or repaired, does not include a person whose occupancy—
- (i)
is connected with the erection, construction, alteration, improvement, maintenance, cleaning or repair, and
- (ii)
is by virtue of a licence granted for less than four weeks;
“prescribed” means prescribed in regulations made by the Secretary of State for the purposes of this Schedule.
(3)
The Secretary of State’s power to make such regulations shall be exercisable by statutory instrument, and an instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4)
Such regulations may make different provision for different cases, circumstances or areas.
(5)
Nothing in this Schedule applies to an audible intruder alarm installed on or in a vehicle.