Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Preliminary
In this Act “the 1974 Act” means the Control of Pollution Act 1974 and “the 1990 Act” means the Environmental Protection Act 1990.
Noise in street to be a statutory nuisance
Section 79 of the 1990 Act (statutory nuisances) shall be amended as follows.
In subsection (1) (list of statutory nuisances)—
for “Subject to subsections (2) to (6) below” there shall be substituted “ Subject to subsections (2) to (6A) below ”,
after paragraph (g) there shall be inserted—, and
after “section 80 below” there shall be inserted “ or sections 80 and 80A below ”.
After subsection (6) there shall be inserted—
In subsection (7) (interpretation)—
after the definition of “dust” there shall be inserted—,
for the definition of “person responsible” there shall be substituted—, and
after the definition of “smoke” there shall be inserted—.
In subsection (8) (port health authority to have functions of a local authority under Part III of the 1990 Act, except those relating to a statutory nuisance within section 79(1)(g)) after “paragraph (g)” there shall be inserted “ or (ga) ”.
Section 80 of the 1990 Act (summary proceedings for statutory nuisances) shall be amended as follows.
In subsection (2) (person on whom abatement notice is to be served) for “The abatement notice” there shall be substituted “ Subject to section 80A(1) below, the abatement notice ”.
In subsection (3) (right of appeal to magistrates’ court) for “The person served with the notice” there shall be substituted “ A person served with an abatement notice ”.
In subsection (8) (defence that the best practicable means were used to prevent, or counteract the effects of, the nuisance not available in certain cases) after paragraph (a) there shall be inserted—.
In subsection (9) (defence to proceedings in respect of a nuisance within section 79(1)(g) that noise was authorised by a notice served under section 60 or a consent given under section 61 etc. of the 1974 Act: construction sites) after “paragraph (g)” there shall be inserted “ or (ga) ”.
After section 80 of the 1990 Act there shall be inserted—
Section 81 of the 1990 Act (provisions supplementary to sections 79 and 80) shall be amended as follows.
In subsection (1) (application of section 80 where more than one person is responsible for statutory nuisance) for “Where” there shall be substituted “ Subject to subsection (1A) below, where ”.
After subsection (1) there shall be inserted—
In subsection (6) (defence to proceedings in respect of a nuisance within section 79(1)(g) that noise was authorised by a notice served under section 60 or a consent given under section 61 etc. of the 1974 Act: construction sites) after “paragraph (g)” there shall be inserted “ or (ga) ”.
In Schedule 3 to the 1990 Act (further supplementary provisions) after paragraph 2 there shall be inserted—
In paragraph 3(1) of that Schedule (wilful obstruction of a person exercising any powers under paragraph 2 is an offence) after “paragraph 2” there shall be inserted “ or 2A ”.
In paragraph 4(1) of that Schedule (function of local authority in relation to which Secretary of State’s default powers apply)—
after “section 80” there shall be inserted “ or sections 80 and 80A ”, and
after “paragraph 2” there shall be inserted “ or 2A ”.
Section 82 of the 1990 Act (summary proceedings by persons aggrieved by statutory nuisances) shall be amended as follows.
In subsection (2) (duty of magistrates’ court to make an order if satisfied that nuisance exists or is likely to recur on same premises) after “premises” there shall be inserted “ or, in the case of a nuisance within section 79(1)(ga) above, in the same street ”.
In subsection (4) (person against whom proceedings are to be brought)—
in paragraph (a), for “paragraph (b) or (c) below” there shall be substituted “ paragraph (b), (c) or (d) below ”, and
after paragraph (c) there shall be added—
In subsection (5) (application of subsections (1) to (4) where more than one person is responsible for statutory nuisance) for “Where” there shall be substituted “ Subject to subsection (5A) below, where ”.
After subsection (5) there shall be inserted—
In subsection (7)(a) (at least three days’ notice of proceedings to be given in the case of a nuisance within section 79(1)(g)) after “paragraph (g)” there shall be inserted “ or (ga) ”.
In subsection (10) (cases where defence that the best practicable means were used to prevent, or counteract the effects of, the nuisance is not available) after paragraph (a) there shall be inserted—.
In subsection (13) (power of court where person responsible for the nuisance etc. cannot be found to direct local authority to do anything that person would have been ordered to do) after “the owner or occupier of the premises” there shall be inserted “ or (as the case may be) the person responsible for the vehicle, machinery or equipment ”.
Loudspeakers
Section 62 of the 1974 Act (noise in streets) shall be amended as follows.
In subsection (1) (prohibition on the operation of loudspeakers between 9 p.m. and 8 a.m. and of loudspeakers used for advertising at any other time) for “In this subsection” there shall be substituted “ In this section ”.
After subsection (1) there shall be inserted—
In subsection (2) for “The preceding subsection” there shall be inserted “ Subsection (1) of this section ”.
After subsection (3) there shall be inserted—
In the application of this section to Scotland—
subsection (2) shall be omitted, and
in subsection (3) for “street” there shall be substituted “ road ”.
A local authority may resolve that Schedule 2 is to apply to its area.
If a local authority does so resolve, Schedule 2 shall come into force in its area on such date as may be specified for that purpose in the resolution, being a date at least one month after the date on which the resolution is passed.
Where a local authority has passed a resolution under this section, the authority shall cause a notice to be published, in two consecutive weeks before the Schedule comes into force in its area, in a local newspaper circulating in the area.
The notice shall—
state that the resolution has been passed, and
set out the general effect of Schedule 2 and, in particular, the procedure for applying for a consent under that Schedule.
In this section “local authority” means—
in relation to England and Wales—
the council of a district,
the council of a London borough,
the Common Council of the City of London,
the Sub-Treasurer of the Inner Temple, or
the Under Treasurer of the Middle Temple, and
in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
Audible intruder alarms
A local authority may, after consulting the chief officer of police, resolve that Schedule 3 is to apply to its area.
If a local authority does so resolve—
Schedule 3 (other than paragraph 4) shall come into force in its area on such date as may be specified for that purpose in the resolution (“the first appointed day”), and
paragraph 4 of Schedule 3 shall come into force in its area, and accordingly paragraphs 2 and 3 of that Schedule shall cease to have effect in its area, on such later date as may be so specified (“the second appointed day”).
The first appointed day shall be at least four months after the date on which the resolution is passed.
The second appointed day shall be at least nine months after the first appointed day.
Where a local authority has passed a resolution under this section, the authority shall cause a notice to be published, in two consecutive weeks ending at least three months before the first appointed day, in a local newspaper circulating in its area.
The notice shall—
state that the resolution has been passed,
state the first and second appointed days, and
set out the general effect of Schedule 3 as it will apply from each of those days.
In this section—“chief officer of police”, in relation to a local authority, means—the chief officer of police for the police area in which the area of the local authority is situated, or where part of the local authority’s area is situated in one police area and part in another, the chief officer of police for each police area in which a part of the local authority’s area is situated;“local authority” means—in relation to England and Wales, the council of a district, and in relation to Scotland, a council constituted under section 2 of the Local Government etc.(Scotland) Act 1994.
Expenses to be a charge on premises etc.
In section 79(7) and (11) of the 1990 Act after “subject to subsection (12)” there shall be inserted “ and section 81A(9) ”.
After section 81 of the 1990 Act there shall be inserted—
General
There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
Subject to subsection (2), this Act shall come into force at the end of the period of two months beginning with the day on which it is passed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
No provision of this Act extends to Northern Ireland.
This Act may be cited as the Noise and Statutory Nuisance Act 1993.
The 1974 Act shall be amended as follows.
In section 58 (summary proceedings to deal with noise)—
in subsection (1), after the word “nuisance” where it first occurs there shall be inserted “ (including without prejudice to the generality of this subsection but subject to subsection (1A) below “road noise”, that is to say noise emitted from or caused by a vehicle, machinery or equipment in a road) ”;
after subsection (1) there shall be inserted—;
in subsection (2), after the word “occurred” there shall be inserted “ (and the noise in question is not road noise) ”;
in subsection (6), in each of paragraphs (b) and (c), for the words “the premises” where they first occur, there shall be substituted “ premises to which the offence relates ”; and
at the end there shall be added—.
After section 58 there shall be inserted—.
In section 59 (summary application by occupier of premises aggrieved by noise amounting to nuisance)—
in subsection (2), after the word “premises” there shall be inserted “ (or, where the noise in question is road noise, in the same road) ”; and
in subsection (3), the existing words from “against” to the end shall be paragraph (a) and after that paragraph there shall be added—.
After section 59 there shall be inserted—.
In section 69 (execution of works by local authority), at the end of paragraph (a) of subsection (1) there shall be added “ , other than a notice in respect of road noise ”.
In section 73 (interpretation etc.)—
in subsection (1)—
after the definition of “contravention” there shall be inserted—;
in the definition of “person responsible”, the existing words from “the emission” to the end shall be paragraph (a) and after that paragraph there shall be added—; and
after the definition of “person responsible”, there shall be inserted—; and
in subsection (3), at the end there shall be added “ ; but a requirement for service under section 58(2) of this Act in respect of road noise, or under section 58A(2)(a) thereof, shall be satisfied by service on any one of them ”.
In section 74 (penalties), at the beginning of subsection (1) there shall be inserted “ Subject to sections 58A(8) and 59A(9) of this Act, ”.
Consent to the Operation of Loudspeakers in Streets or Roads
Local authority consent
Subject to sub-paragraph (2), on an application made by any person, the local authority may consent to the operation in its area of a loudspeaker in contravention of section 62(1) of the 1974 Act or of section 137(1) of the Serious Organised Crime and Police Act 2005.
A consent shall not be given to the operation of a loudspeaker in connection with any election or for the purpose of advertising any entertainment, trade or business.
A consent may be granted subject to such conditions as the local authority considers appropriate.
Procedure
An application for a consent shall be made in writing and shall contain such information as the local authority may reasonably require.
Where an application is duly made to the local authority for a consent, the authority shall determine the application and notify the applicant in writing of its decision within the period of twenty-one days beginning with the day on which the application is received by the authority.
In a case where a consent is granted, the notification under sub-paragraph (1) shall specify the conditions, if any, subject to which the consent is granted.
An applicant for a consent shall pay such reasonable fee in respect of his application as the local authority may determine.
Publication of consent
Where the local authority grants a consent, the authority may cause a notice giving details of that consent to be published in a local newspaper circulating in its area.
Interpretation
In this Schedule “a consent” means a consent under paragraph 1.
Audible Intruder Alarms
Installation of new alarms
A person who installs an audible intruder alarm on or in any premises shall ensure—
that the alarm complies with any prescribed requirements, and
that the local authority is notified within 48 hours of the installation.
A person who without reasonable excuse contravenes sub-paragraph (1) shall be guilty of an offence and liable on summary conviction—
where the alarm does not comply with any prescribed requirements, to a fine not exceeding level 5 on the standard scale, and
in any other case, to a fine not exceeding level 2 on the standard scale.
Operation of alarms before second appointed day
A person who is the occupier of any premises when (on or after the first appointed day) an audible intruder alarm is installed on or in the premises shall not permit the alarm to be operated unless paragraph 5 is satisfied.
A person who without reasonable excuse contravenes sub-paragraph (1) shall be guilty of an offence and liable on summary conviction—
where the alarm does not comply with any prescribed requirements, to a fine not exceeding level 5 on the standard scale, and
in any other case, to a fine not exceeding level 2 on the standard scale.
A person who (on or after the first appointed day) becomes the occupier of any premises on or in which an audible intruder alarm has been installed, shall not permit the alarm to be operated unless paragraph 5 is satisfied.
A person who without reasonable excuse contravenes sub-paragraph (1) shall be guilty of an offence and liable on summary conviction—
where the alarm does not comply with any prescribed requirements, to a fine not exceeding level 4 on the standard scale, and
in any other case, to a fine not exceeding level 2 on the standard scale.
Operation of alarms on or after second appointed day
The occupier of any premises shall not permit any audible intruder alarm installed on or in those premises to be operated unless paragraph 5 is satisfied.
A person who without reasonable excuse contravenes sub-paragraph (1) shall be guilty of an offence and liable on summary conviction—
where the alarm does not comply with any prescribed requirements, to a fine not exceeding level 5 on the standard scale, and
in any other case, to a fine not exceeding level 2 on the standard scale.
Requirements for operation of alarms
This paragraph is satisfied if—
the alarm complies with any prescribed requirements,
the police have been notified in writing of the names, addresses and telephone numbers of the current key-holders, and
the local authority has been informed of the address of the police station to which notification has been given under paragraph (b).
Notification under sub-paragraph (1)(b) may be given to the police at any police station in the local authority’s area.
Entry to premises
Where—an officer of the local authority who has been authorised (whether generally or specially) for that purpose may, on production (if so required) of his authority, enter the premises to turn off the alarm.
an intruder alarm installed on or in any premises is operating audibly more than one hour after it was activated, and
the audible operation of the alarm is such as to give persons living or working in the vicinity of the premises reasonable cause for annoyance,
An officer may not enter premises by force under this paragraph.
If, on an application made by an officer of the local authority who has been authorised (whether generally or specially) for that purpose, a justice of the peace is satisfied—the justice may issue a warrant authorising the officer to enter the premises, if need be by force.
that an intruder alarm installed on or in any premises is operating audibly more than one hour after it was activated,
that the audible operation of the alarm is such as to give persons living or working in the vicinity of the premises reasonable cause for annoyance,
where notification of any current key-holders has been given in accordance with paragraph 5(1)(b), that the officer has taken steps to obtain access to the premises with their assistance, and
that the officer has been unable to obtain access to the premises without the use of force,
Before applying for such a warrant, an officer shall leave a notice at the premises stating—
that the audible operation of the alarm is such as to give persons living or working in the vicinity reasonable cause for annoyance, and
that an application is to be made to a justice of the peace for a warrant authorising the officer to enter the premises and turn off the alarm.
An officer shall not enter premises by virtue of this paragraph unless he is accompanied by a constable.
A warrant under this paragraph shall continue in force until the alarm has been turned off and the officer has complied with paragraph 10.
An officer who enters premises by virtue of paragraph 6 or 7 may take with him such other persons and such equipment as may be necessary to turn off the alarm.
A person who enters premises by virtue of paragraph 6, 7 or 8 shall not cause more damage or disturbance than is necessary.
An officer who has entered premises by virtue of paragraph 6 or 7 which are unoccupied or from which the occupier is temporarily absent shall—
after the alarm has been turned off, re-set it if reasonably practicable,
leave a notice at the premises stating what action has been taken on the premises under this Schedule, and
leave the premises, so far as reasonably practicable, as effectually secured against trespassers as he found them.
Recovery of expenses
Where any premises are entered by virtue of paragraph 6 or 7 in a case where the occupier of those premises has committed an offence under paragraph 2, 3 or 4, any expenses reasonably incurred by the local authority in connection with the entry, turning off the alarm or complying with paragraph 10 may be recovered by the authority from that occupier.
Protection from personal liability
Nothing done by, or by a member of, a local authority or by an officer of or another person authorised by a local authority shall, if done in good faith for the purposes of this Schedule, subject them or any of them personally to any action, liability, claim or demand whatsoever, other than any liability under section 17 or 18 of the Audit Commission Act 1998(powers of district auditor and court).
Interpretation
In this Schedule references to the first appointed day or the second appointed day are to be read in accordance with section 9(2).
In this Schedule—“justice of the peace”, in relation to Scotland, includes a sheriff;“key-holders”, in relation to an alarm, means—two persons, other than the occupier of the premises on or in which the alarm is installed, each of whom holds keys sufficient to obtain access to those premises, or a company which holds keys sufficient to obtain access to those premises, from which those keys can be obtained at any time and the business of which consists of or includes the service of holding keys for occupiers of premises;“occupier”—in relation to premises that are unoccupied, means any person entitled to occupy the premises, and in relation to premises comprising a building that is being erected, constructed, altered, improved, maintained, cleaned or repaired, does not include a person whose occupancy—
is connected with the erection, construction, alteration, improvement, maintenance, cleaning or repair, and“prescribed” means prescribed in regulations made by the Secretary of State for the purposes of this Schedule.
is by virtue of a licence granted for less than four weeks;
The Secretary of State’s power to make such regulations shall be exercisable by statutory instrument, and an instrument containing such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Such regulations may make different provision for different cases, circumstances or areas.
Nothing in this Schedule applies to an audible intruder alarm installed on or in a vehicle.