Section 41 Application of noise control provisions to local authority areas

(1)

Sections 43 to 47 (the “noise control provisions”) apply to the area of a local authority only if the authority has so resolved.

(2)

A resolution for the purpose of subsection (1) shall specify—

(a)

a date (being a date at least 2 months after the passing of the resolution) on and after which the noise control provisions are to have effect in the area of the authority (the “commencement date”); and

(b)

periods of the week during which noise is to be controlled by virtue of those provisions (each such period being a “noise control period”).

(3)

For the purpose of subsection (2)(b), a resolution may specify—

(a)

the whole week as a noise control period; and

(b)

different noise control periods for different—

(i)

areas;

(ii)

times of year; or

(iii)

other circumstances.

(4)

For the purpose of subsection (2)(b), a week begins on Monday.

(5)

If a local authority resolves to apply the noise control provisions to its area, it shall—

(a)

cause a notice to be published (in consecutive weeks with the second notice appearing at least a month before the commencement date) in a local newspaper circulating in its area; and

(b)

at least a month before the commencement date—

(i)

give a copy of the resolution to the Scottish Ministers; and

(ii)

give a copy of the notice mentioned in paragraph (a) to each local authority whose area adjoins its area.

(6)

A notice published under subsection (5)(a) shall—

(a)

state that the resolution has been passed;

(b)

state the commencement date; and

(c)

set out—

(i)

the general effect of the noise control provisions and sections 48, 49 and 51; and

(ii)

the noise control periods specified in the resolution.

(7)

Where a local authority is given a notice under subsection (5)(b)(ii), it shall take such steps as it considers necessary for the purpose of making persons in its area aware of the contents of the notice.