# Antisocial Behaviour etc. (Scotland) Act 2004, Section 42: Revocation or variation of resolution under section 41


(1) A local authority may by resolution—
(a) revoke the resolution made for the purpose of section 41(1);
(b) revoke any noise control period specified in that resolution; or
(c) specify noise control periods—
(i) in addition to; or
(ii) in substitution for,
any such noise control period.
(2) A resolution under subsection (1) shall specify a date (being a date at least 2 months after the passing of the resolution) on which the provision made by the resolution shall come into effect (the “effective date”).
(3) If a local authority passes a resolution under subsection (1), it shall—
(a) cause a notice to be published (in consecutive weeks with the second notice appearing at least a month before the effective date) in a local newspaper circulating in its area; and
(b) at least a month before the effective 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.
(4) A notice published under subsection (3)(a) shall—
(a) state that the resolution has been passed;
(b) state the effective date; and
(c) set out the provision made by the resolution.
(5) Where a local authority is given a copy of a notice under subsection (3)(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/42 (the official version)
Page: https://openlegislation.uk/antisocial-behaviour-etc-scotland-act-2004/section-42
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

