# Antisocial Behaviour etc. (Scotland) Act 2004, 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.

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Source: https://www.legislation.gov.uk/asp/2004/8/section/41 (the official version)
Page: https://openlegislation.uk/antisocial-behaviour-etc-scotland-act-2004/section-41
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.