The Noise Act 1996 (Commencement No. 1) Order 1996

Statutory Instruments

1996 No. 2219 (C.56)

ENVIRONMENTAL PROTECTION

The Noise Act 1996 (Commencement No. 1) Order 1996

Made

28th August 1996

The Secretary of State, in exercise of the powers conferred on him by section 14(2) of the Noise Act 1996(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation

1.  This Order may be cited as the Noise Act 1996 (Commencement No. 1) Order 1996.

Provisions coming into force on 19th September 1996

2.  The following provisions of the Noise Act 1996 shall come into force on 19th September 1996 —

  • section 10(7), section 13 and section 14(1) to (3); and

  • section 10(8), section 10(9) and the Schedule, section 11 and section 12, in so far as those provisions relate to the power of a local authority under section 81(3) of the Environmental Protection Act 1990(2) to abate a statutory nuisance by virtue of section 79(1)(g) of that Act (noise emitted from premises).

Signed by authority of the Secretary of State

Robert Jones

Minister of State,

Department of the Environment

28th August 1996

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 19th September 1996 the following provisions of the Noise Act 1996: section 10(7), section 13 and section 14(1) to (3), and (partially) section 10(8), section 10(9) and the Schedule, section 11 and section 12.

Section 10(7) provides that the power of a local authority under section 81(3) of the Environmental Protection Act 1990 to abate a statutory nuisance by virtue of section 79(1)(g) of that Act (noise emitted from premises) includes power to seize and remove any equipment used in the emission of that noise. The other provisions brought into force by this Order are supplementary and relate to the obstruction of, and protection from personal liability of, persons exercising powers of the local authority and the retention, forfeiture and return of seized equipment.