SCHEDULES

Valid from 14/03/2006

SCHEDULE 1 E+W Application of the Noise Act 1996 to licensed premises etc

12 (1) Section 9 (section 8: supplementary) is amended as follows. E+W

(2) In subsection (1), for “the Secretary of State” substitute “ the appropriate person ”.

(3) After subsection (2) insert—

“(2A) If a fixed penalty notice is given to a person in respect of noise emitted from other premises in any period in a warning notice—

(a) no further fixed penalty notice may be given to that person in respect of noise emitted from the premises during that period, but

(b) that person may be convicted of a further offence under section 4A in respect of noise emitted from the premises after the fixed penalty notice is given and before the end of that period.”

(4) In subsections (4A)(b) and (4C), for each occurrence of “the Secretary of State” substitute “ the appropriate person ”.

(5) In subsection (4D), for “The Secretary of State” substitute “ The appropriate person ”.

(6) In subsections (4E) and (4F), for each occurrence of “the Secretary of State” substitute “ the appropriate person ”.

(7) In subsection (5), after “section 4” insert “ or 4A ”.