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- Point in Time (16/03/2006)
- Original (As enacted)
Version Superseded: 01/10/2006
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There are currently no known outstanding effects for the Noise Act 1996, Section 3.
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(1)A notice under this section (referred to in this Act as “a warning notice”) must—
(a)state that an officer of the authority considers—
(i)that noise is being emitted from the offending dwelling during night hours, and
(ii)that the noise exceeds, or may exceed, the permitted level, as measured from within the complainant’s dwelling, and
(b)give warning that any person who is responsible for noise which is emitted from the dwelling, in the period specified in the notice, and exceeds the permitted level, as measured from within the complainant’s dwelling, may be guilty of an offence.
(2)The period specified in a warning notice must be a period—
(a)beginning not earlier than ten minutes after the time when the notice is served, and
(b)ending with the following 7 a.m.
(3)A warning notice must be served—
(a)by delivering it to any person present at or near the offending dwelling and appearing to the officer of the authority to be responsible for the noise, or
(b)if it is not reasonably practicable to identify any person present at or near the dwelling as being a person responsible for the noise on whom the notice may reasonably be served, by leaving it at the offending dwelling.
(4)A warning notice must state the time at which it is served.
(5)For the purposes of this group of sections, a person is responsible for noise emitted from a dwelling if he is a person to whose act, default or sufferance the emission of the noise is wholly or partly attributable.
Extent Information
E1In its application to Northern Ireland, this section has effect subject to the modifications set out in s. 14; see 14(4)
Commencement Information
I1S. 3 wholly in force at 1.9.1997; s. 3 not in force at Royal Assent see s. 14(2); s. 3 in force at 23.7.1997 for England and Wales by S.I. 1997/1695, art. 2 and 1.9.1997 for Northern Ireland by S.R. 1997/366, art. 2
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