The Statutory Nuisance (Appeals) (Scotland) Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision as regards Scotland with respect to appeals to the sheriff against abatement notices served under section 80 of the Environmental Protection Act 1990 (as amended by the Noise and Statutory Nuisance Act 1993) and those served under section 80A of the 1990 Act (as inserted by the 1993 Act).

Regulation 2 sets out grounds on which such appeals may be made, prescribes the procedure to be followed in certain cases in which the appellant claims that a notice should have been served on some other person, and the action which the court may take to give effect to its decision on an appeal.

Regulation 3 prescribes the cases in which an abatement notice is to be suspended pending the decision of a sheriff on an appeal or until the abandonment of such an appeal.

Regulation 4 amends the Control of Noise (Appeals) (Scotland) Regulations 1983 firstly to refer to new unitary local authorities and secondly to revoke references to appeals under section 58 of the Control of Pollution Act 1974 which section has now been repealed.