{
  "url": "https://openlegislation.uk/antisocial-behaviour-etc-scotland-act-2004/section-41",
  "json_url": "https://openlegislation.uk/antisocial-behaviour-etc-scotland-act-2004/section-41.json",
  "legislation": "asp/2004/8",
  "legislation_title": "Antisocial Behaviour etc. (Scotland) Act 2004",
  "legislation_url": "https://openlegislation.uk/antisocial-behaviour-etc-scotland-act-2004",
  "path": "section/41",
  "kind": "section",
  "number": "41",
  "heading": "Application of noise control provisions to local authority areas",
  "text": "(1) Sections 43 to 47 (the “noise control provisions”) apply to the area of a local authority only if the authority has so resolved.\n(2) A resolution for the purpose of subsection (1) shall specify—\n(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\n(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”).\n(3) For the purpose of subsection (2)(b), a resolution may specify—\n(a) the whole week as a noise control period; and\n(b) different noise control periods for different—\n(i) areas;\n(ii) times of year; or\n(iii) other circumstances.\n(4) For the purpose of subsection (2)(b), a week begins on Monday.\n(5) If a local authority resolves to apply the noise control provisions to its area, it shall—\n(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\n(b) at least a month before the commencement date—\n(i) give a copy of the resolution to the Scottish Ministers; and\n(ii) give a copy of the notice mentioned in paragraph (a) to each local authority whose area adjoins its area.\n(6) A notice published under subsection (5)(a) shall—\n(a) state that the resolution has been passed;\n(b) state the commencement date; and\n(c) set out—\n(i) the general effect of the noise control provisions and sections 48, 49 and 51; and\n(ii) the noise control periods specified in the resolution.\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2004/8/section/41",
    "retrieved_at": "2026-10-29T20:16:35.498070+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}