Section 53 Meaning of “relevant place” and “relevant property”

“relevant place” means—

1. (a)

   any place within accommodation (except, in the case of measurement of noise emitted from relevant property which is accommodation, that accommodation); and

2. (b)

   such other place as may be prescribed;

“relevant property” means—

1. (a)

   any accommodation;

2. (b)

   any land belonging exclusively to, or enjoyed exclusively with, any accommodation;

3. (c)

   any land not falling within paragraph (b)—

   1. (i)

      to which at least two persons have rights in common; and

   2. (ii)

      which is used by those persons as a private garden;

4. (d)

   any common passage, close, court, stair, lift or yard pertinent to any tenement or group of separately owned houses; or

5. (e)

   such other place as may be prescribed.

“accommodation” means a building or other structure (or part of a building or other structure) used or intended to be used as a separate unit of accommodation (whether on a permanent basis or otherwise); and

“prescribed” means prescribed by the Scottish Ministers by order.