Part 9Miscellaneous

Statutory nuisances

103Sections 101 and 102: supplementary

1

The Environmental Protection Act 1990 (c. 43) is amended as follows.

2

In section 80(8) (summary proceedings for statutory nuisances: defence of best practicable means not available in certain cases)—

a

in paragraph (a) after “paragraph (a), (d), (e), (f)” insert “, (fa)”, and

b

after paragraph (a) insert—

aza

in the case of a nuisance falling within paragraph (fb) of section 79(1) above except where—

i

the artificial light is emitted from industrial, trade or business premises, or

ii

the artificial light (not being light to which sub-paragraph (i) applies) is emitted by lights used for the purpose only of illuminating an outdoor relevant sports facility;

3

After section 80(8) insert—

8A

For the purposes of subsection (8)(aza) a relevant sports facility is an area, with or without structures, that is used when participating in a relevant sport, but does not include such an area comprised in domestic premises.

8B

For the purposes of subsection (8A) “relevant sport” means a sport that is designated for those purposes by order made by the Secretary of State, in relation to England, or the National Assembly for Wales, in relation to Wales.

A sport may be so designated by reference to its appearing in a list maintained by a body specified in the order.

8C

In subsection (8A) “domestic premises” means—

a

premises used wholly or mainly as a private dwelling, or

b

land or other premises belonging to, or enjoyed with, premises so used.

4

In section 82(10) (summary proceedings by aggrieved person: defence of best practicable means not available in certain cases)—

a

in paragraph (a) after “paragraph (a), (d), (e), (f)” insert “, (fa)”, and

b

after paragraph (a) insert—

aza

in the case of a nuisance falling within paragraph (fb) of section 79(1) above except where—

i

the artificial light is emitted from industrial, trade or business premises, or

ii

the artificial light (not being light to which sub-paragraph (i) applies) is emitted by lights used for the purpose only of illuminating an outdoor relevant sports facility;

5

After section 82(10) insert—

10A

For the purposes of subsection (10)(aza) “relevant sports facility” has the same meaning as it has for the purposes of section 80(8)(aza).